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(영문) 인천지방법원 2017.06.14 2017노319
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfilled and unfair.

2. Considering that there is no change in circumstances that could consider the sentencing after the judgment of the court below, and the various sentencing conditions as shown in the records and arguments of this case are considered, the sentence of the court below is too uneasible and unfair, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure adding “(within the scope of adding up the maximum amount of each of the above crimes)” to the end of the 18th day of the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, and the “4 times of driving alcohol” under the 3th day of the judgment below as “three times of driving alcohol” is corrected as “three times of driving alcohol.”

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