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(영문) 인천지방법원 2017.06.14 2017노1025

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unfasible and unfair.

2. Taking into account the sentencing conditions revealed in the records and arguments of the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence is too uneasible and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the court below’s decision ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure to rectify “the person who received the second sentence” to “the person who received the second sentence”).