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(영문) 전주지방법원 2019.03.28 2018노1749
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of the lower court (the fine of KRW 10 million) is too minor.

2. All circumstances asserted by the Prosecutor as an element of sentencing unfavorable to the trial in the lower court were revealed during the hearing of the lower court, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

Even if the court below’s sentencing grounds and all the circumstances indicated in the records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., are re-examineed, it cannot be deemed that the court below’s punishment was too unfasible and exceeded the reasonable scope of discretion in determining the sentencing of the court, and thus, the prosecutor’s assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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