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(영문) 인천지방법원 2017.07.05 2017노838
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the lower court on the Defendant (two years of suspended sentence for one year of imprisonment with prison labor, one hundred and twenty hours of community service, and forty hours of order to attend a lecture) is too uneasy and unreasonable.

2. Considering that there is no change in circumstances that could consider the sentencing after the judgment of the court below, and the various sentencing conditions as shown in the records and arguments of this case are considered, the sentence of the court below is too uneasible and unfair, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the judgment of the court below’s ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, and Article 25(2) of the Regulation on Criminal Procedure deleted

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