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(영문) 인천지방법원 2016.08.10 2016노1516
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of suspended sentence in August) is too uneasy and unfair.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and the theory of changes, the reasons for sentencing of the court below are compared with those stated in the judgment below, even if the prosecutor asserts on the grounds of appeal, the sentence of the court below is too une

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Regulation on Criminal Procedure, Article 25 (1) of the Regulation on Criminal Procedure, "2. Obstruction of Execution of Official Duties" as "2. Obstruction of Execution and Injury to Official Duties" shall be corrected to "2.

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