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(영문) 광주지방법원 2018.08.22 2018노1006

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the court below’s appeal is clearly a clerical error in accordance with Articles 148 and 54(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016). Since it is obvious that the appeal is a clerical error in the matter, it shall be corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure).