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(영문) 서울북부지방법원 2017.05.11 2017노165
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (including six months of imprisonment without prison labor, two years of suspended execution, two years of social service, 120 hours) is too unfasible.

2. Although there was an unfavorable circumstance against the defendant, such as the victim's serious injury due to a traffic accident caused by the defendant's violation of signal, considering the circumstances favorable to the defendant, such as the fact that the defendant agreed with the victims in the trial at a party, and other various circumstances, including the motive and background leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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