beta
(영문) 인천지방법원 2016.09.21 2016노1695

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the lower court sentenced the Defendant (two years of suspended sentence for one year of imprisonment, two years of community service order, 80 hours of community service order, and 40 hours of lecture attendance order for compliance driving) is too unfluent and unreasonable.

2. In light of the fact that there is no change of circumstances after the judgment of the court below, and the sentencing conditions as shown in the records and arguments of this case are compared with the reasons for the sentencing of the court below, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor on the grounds of appeal

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure provides that "Article 2 (2) 2 of the judgment of the court below is dismissed in accordance with Article 25 of the Regulation on Criminal Procedure."