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(영문) 인천지방법원 2020.12.04 2020노1112
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 a period of two years, community service, 80 hours, and 40 hours during a compliance driving course) that the court below sentenced the defendant is too uneasible and unfair.

2. In light of the following facts, there is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if the prosecutor asserts as the grounds for appeal, it does not seem that the sentence of the court below was too unhued and exceeded the reasonable scope of discretion.

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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, each "L" of the second, third, shall be corrected to "M" ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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