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(영문) 수원지방법원 2019.10.11 2019노1373
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, 40 hours of order to attend a community service order, 120 hours of community service order) is too uneased and unreasonable.

2. There is no change in the sentencing conditions compared with the original judgment, as there is no particular new sentencing data in the appellate court’s judgment, and comprehensively taking account of all of the reasons for sentencing (in particular, the vehicle of the defendant is covered by the automobile comprehensive insurance, and the defendant agreed with the victim of the traffic accident) indicated in the records of this case, the sentencing of the lower court is too unfluent and so it cannot be deemed that it exceeded the reasonable scope of discretion

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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