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(영문) 수원지방법원 2016.11.02 2016노6112
도로교통법위반(음주운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, in full view of all the circumstances that conditions for sentencing are conditions for sentencing, including the Defendant’s age, character and conduct, environment, family relationship, motive and method of the crime, and circumstances after the crime, the sentence of the lower court is deemed appropriate, and the Defendant and the prosecutor’s assertion of unreasonable sentencing are deemed to be too heavy or unfasible, and thus, are without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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