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(영문) 인천지방법원 2016.09.28 2016노2110
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence imposed by the court below on the defendant (an order to attend the alcohol treatment lectures for two years and forty hours suspended execution of imprisonment with prison labor for eight months) is too uneased and unreasonable.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and the theory of changes, the reasons for sentencing of the court below are compared with those stated in the judgment below, even if the prosecutor asserts on the grounds of appeal, the sentence of the court below is too une

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.

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the judgment of the court below shall be corrected as follows:

The judgment below

Part 2 of the sentence No. 4 of the sentence was pronounced.

“ was issued”.

Article 37 of the Aggravated Punishment Act, Articles 38(1)2 and 50 of the Aggravated Punishment Act, 37 of the Aggravated Punishment Act, 38(1)2 of the Aggravated Punishment Act, is as follows.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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