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(영문) 인천지방법원 2016.09.07 2016노1691
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service order 120 hours, and order to attend a compliance driving lecture for the defendant), which the court below sentenced to the defendant, is too uneasible and unfair.

2. After the judgment of the court below, there is no change of circumstances that could consider the sentencing except for the defendant's deposit of one million won as damages for the victim, and compared with the records and arguments of this case and the reasons for sentencing, the court below's sentence is not deemed unfair even if considering the circumstance the prosecutor claims as the reasons for appeal, considering the circumstance that the prosecutor claims as the reasons for appeal.

3. 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, in accordance with Article 25 of the Regulation on Criminal Procedure, the term "application of the law" in the third sentence of the original judgment is "(within the scope of adding up the long-term punishments of each of the above crimes after the regular concurrence)" in the 5th through 6th sentence.

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