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(영문) 서울동부지방법원 2017.09.14 2017노564
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is improper because the punishment (five million won in penalty) declared by the court below is too unhued.

2. Although it is deemed that the degree of injury suffered by the victim was significant, considering all the sentencing conditions indicated in the pleadings of the instant case, such as the Defendant’s age, sex, family environment, the background and result of the instant crime, and the following circumstances, it is deemed that the lower court’s punishment is too unfasible and unfair. Thus, the prosecutor’s aforementioned assertion is without merit.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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