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(영문) 서울중앙지방법원 2016.08.25 2016노1332
도로교통법위반(음주운전)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants to each of the punishment (in the event of Defendant A: 8 months of imprisonment, 2 years of suspended sentence, 2 years of probation, observation of protection and community service work, 80 hours of imprisonment, 6 months of suspended execution, 2 years of suspended execution, 80 hours of probation, and 80 hours of community service) is unfair.

2. Although Defendant A was sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act (drinking driving) and the Act on the Aggravated Punishment, etc. of Specific Crimes in around 201, and was sentenced to a fine due to a violation of the Road Traffic Act (drinking vehicle) around 2012, Defendant B was sentenced to a fine due to a violation of the Act on the Punishment of Violences, etc. (drawing Vehicle) around 2007; Defendant B was sentenced to a fine due to a violation of the Act on the Punishment of Violences, etc. (drawing Vehicle) around 2007; and Defendant B was sentenced to a suspended sentence of imprisonment due to a special assault against a sentry around 2008, there were unfavorable circumstances against the Defendants. However, the Defendants are against the recognition of all of each of the instant offenses; the agreement with the victims at the lower court on the commission of the assault; and other various circumstances, including the Defendants’ age, environment, sexual behavior, motive for the crime, and the conditions before and after the crime, the sentence against the Defendants is too harsh.

Therefore, the prosecutor's assertion is rejected.

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

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