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(영문) 대전지방법원 2016.12.22 2016노2728

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendant is unreasonable as the sentence (e.g., a 2-year suspended sentence in October) is too unhued.

2. In full view of the circumstances that are not good to the nature of the crime of this case, the Defendant’s confessions the crime of this case against the Defendant, the Defendant has no record of punishment for the same criminal record, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the Defendant’s sentence against the Defendant is too unjustifiable and unreasonable. Thus, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, the judgment of the court below is clearly stated in the 9th sentence of imprisonment with prison labor, so it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure, since it is apparent that the term “criminal punishment” is a clerical error in