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(영문) 인천지방법원 2016.09.28 2016노2043
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the court below sentenced to the defendant (the community service order of two years and one hundred and twenty hours of probation in October and the order to attend a law-abiding lecture of forty hours) is too uneasy and unreasonable.

2. The judgment of the court below, along with the fact that the defendant additionally deposited KRW 1 million for the victim at the trial of the party, compared with the sentencing conditions and the reasons for the sentencing of the court below as indicated in the records and changes theory of this case, is inconsistent with the reasons for the appeal by the prosecutor, it does not seem that the sentence of the court below is too unfeasible

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.

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