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(영문) 서울중앙지방법원 2014.08.21 2014노2151

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant had no previous conviction after the Defendant committed a crime of violation of the Road Traffic Act around 1998; (b) the Defendant could have been tried simultaneously with the previous conviction in the judgment of the lower court; and (c) the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime; and (d) all of the sentencing conditions as indicated in the instant pleadings, including the circumstances of the Prosecutor’s assertion after the commission of the crime, the lower court’s punishment is too unreasonable

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