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(영문) 인천지방법원 2018.04.25 2017노4040
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of suspended sentence in the month of imprisonment with prison labor, two years of probation observation, one hundred and sixty hours of community service, and forty hours of lectures of compliance driving) is unreasonable.

2. We examine the judgment, and consider various sentencing conditions as indicated in the records and arguments, such as the fact that the defendant deposited a certain amount as a criminal agreement amount for the victims at the trial of the party, etc., even when considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable.

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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