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(영문) 창원지방법원 2016.09.08 2016노1523
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution, 40 hours of law-abiding driving, and 200 hours of community service) is too uneasible.

2. As stated in the reasoning of the lower judgment in detail, the lower court determined a punishment by fully taking account of the overall circumstances regarding the sentencing of the Defendant, and it appears that it is within a reasonable scope, and there are no circumstances to be newly considered in the trial. Therefore, it cannot be deemed that the lower court’s punishment is too unjustifiable and unreasonable.

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.

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