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(영문) 전주지방법원 2018.04.12 2017노1595
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal - The lower court’s punishment is too minor.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below were revealed in the trial at the court below, and there is no particular change in circumstances concerning the matters subject to sentencing after the sentence

In addition, even if the sentencing grounds cited by the court below and all other factors of the sentencing indicated in the records of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are deemed to have exceeded the reasonable scope of discretion by putting the sentencing of the court below off.

Therefore, the prosecutor's argument of sentencing cannot be accepted.

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 appeal is without merit. It is so decided as per Disposition.

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