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(영문) 인천지방법원 2016.09.07 2016노1522
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than two years, community service order 80 hours, and order to attend a compliance driving lecture for a period of not less than 40 hours), which the court below sentenced to the defendant, is unreasonable.

2. In light of the circumstances asserted by the prosecutor as the grounds for appeal, the lower court’s punishment is too uneasible, even if there is no change in circumstances that could consider the sentencing after the judgment of the lower court, and the sentencing conditions as shown in the records and arguments of this case are compared with the reasons for sentencing.

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, according to Article 25 of the Rules on Criminal Procedure, the first "criminal facts" of the judgment of the court below refers to the first "B" of the judgment of the court below as "H."

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