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(영문) 수원지방법원 2020.09.11 2020노2371
특정범죄가중처벌등에관한법률위반(위험운전치상)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 one year and two months, two years of suspended execution, and 80 hours of community service) of the lower court is deemed to be too uneasible and unfair.

2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, it is evident that the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) in Part III of the judgment below is an erroneous entry under the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020). Thus, it

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