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(영문) 인천지방법원 2020.12.30 2020노1239
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court on the Defendant is too uneased and unreasonable.

2. In light of the records of this case and the various sentencing conditions indicated in the pleadings, such as the fact that there is no change of circumstances to consider the sentencing after the judgment of the court below, the injury suffered by the victim is relatively minor, and the defendant does not want the punishment against the defendant by agreement with the victim, etc., even if considering the circumstances alleged by the prosecutor as the grounds for appeal, the sentence of the court below is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, "Article 5-2 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes" in the application of the judgment of the court below shall be corrected to "Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes".

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