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(영문) 광주지방법원 2017.05.10 2016노2902
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the order to attend a law-abiding lecture for forty hours, and the order to provide community service for 160 hours) that the court below sentenced the defendant is too unfasible and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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 (Article 25(1) of the Rules on Criminal Procedure, on the ground that the part of “6. Protection observation and community service order” in the application of the statutes of the court below is obviously a clerical error in the “6. Protection, observation, lecture attendance order and community service order.”

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