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(영문) 수원지방법원 2019.06.14 2019노174
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, 80 hours of community service) of the lower court is deemed to be too uneasible and unfair.

2. According to the arguments and records of the instant case, the lower court appears to have been appropriately determined by fully considering the grounds for sentencing as alleged by the prosecutor, and there is no special circumstance to the extent that the sentencing will be changed ex post facto.

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.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, "1........" ex officio under Article 25(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the judgment of the court below is applied, Article 148-2(2)2 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Article 148-2(2)2 of the Road Traffic Act, Article 44(1) of the Road Traffic Act,

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Mutually, Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily, Injury resulting from Dangerous Driving)

1. Change to imprisonment with prison labor for each choice of punishment;

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