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(영문) 수원지방법원 2017.06.14 2016노7571
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, two years of probation, observation of protection, and two hundred hours of community service in one year of imprisonment) is deemed to be too uneasy and unfair.

2. In light of the fact that the accused repeatedly commits traffic-related crimes within the short period, strict punishment against the accused is necessary.

However, in full view of the following: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal history; (c) the Defendant has no specific criminal history; (d) the lower court added protection observation and community service order as well as probation of imprisonment with prison labor; and (e) other various sentencing conditions specified in the instant argument, including the Defendant’s age, sex and family environment, motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime, etc., it is not recognized that the sentence of the lower court is

3. In conclusion, 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.

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