beta
(영문) 인천지방법원 2018.06.27 2017노4688

도로교통법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. We examine the judgment, and consider the various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under 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 (Provided, That pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the part of "Article 46-3 (1) 1 and 2" in Article 46-3 (3) 5 and 6 of the decision of the court below on the ground that Article 25 (1) of the Regulation on Criminal Procedure is corrected to "Article 46-3 (1)