도로교통법위반(음주운전)등
The prosecutor's appeal is dismissed.
The judgment below
During the 2nd seven parallels, " November 3, 2017" shall be " December 3, 2017".
1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.
2. In the appellate court’s judgment, the Defendant submitted a written application to the effect that the mother of the injured victim’s wife was disturbing the Defendant’s wife.
In addition, considering the contents and result of the instant crime, the conditions of sentencing as indicated in the instant case’s records and arguments on the Defendant’s age, sex, environment, etc., and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence cannot be deemed unfair on the ground that the prosecutor’s appeal was un
We do not accept the prosecutor's improper argument of sentencing.
3. In conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is evident that there is any error in the facts constituting the crime among the judgment below. Thus, this part of the judgment below is corrected pursuant to Article 25(1) of the Rules on Criminal Procedure and the prosecutor applied for permission of modification of an indictment in relation to the pertinent stated part, but the judgment of the court below is merely just for correction of clerical error
It is so decided as per Disposition.