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(영문) 청주지방법원 2017.04.28 2016노1252
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the two-year suspension of the execution of imprisonment for eight months, the community service order and the lecture order for compliance operation of each 40-hour period) is too uneased and unreasonable.

2. The lower court appears to have sentenced the Defendant to punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

When comprehensively taking into account the motive, background, result, the circumstances after the crime, the defendant's age, sexual conduct, records of punishment, etc. in the trial of the political party, as well as the matters on which the sentencing conditions have been attached, statutory penalty, sentencing guidelines, etc., the judgment of the court below exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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 appeal is without merit. It is so decided as per Disposition.

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