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(영문) 의정부지방법원 2020.05.29 2019노1028
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of probation, 40 hours of an order to attend a community service, and 80 hours of an order to provide community service) is too unhued and unreasonable.

Judgment

Considering the circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the sentencing conditions as indicated in the records and arguments, as well as the circumstances that the lower court properly explained in the reason of the sentencing, are considered. Considering that there is no new change in circumstances that could change the lower court’s punishment in the first instance trial and there is no change in the sentencing conditions compared with the lower court’s judgment, it is difficult

Therefore, the prosecutor's assertion of unfair sentencing is not accepted.

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

(However, since the "Road Traffic Act" in Part 3 of the judgment of the court below is apparent to be a clerical error, it shall be corrected to delete it ex officio under Article 25 (1) of the Rules on Criminal Procedure.

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