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(영문) 인천지방법원 2017.05.10 2016노5120
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unreasonable because the sentence imposed on the defendant (one year of imprisonment, two years of suspended execution, observation of protection, and 40 hours of lecture to comply with orders, 120 hours of lecture, and community service order) is too uneasible.

2. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments of this case, the sentence of the court below is too uneasible even considering the circumstances asserted by the prosecutor on the grounds of appeal.

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

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