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(영문) 광주지방법원 2018.06.12 2018노301
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the community service work of 160 hours, the 24 hours compliance driving lectures, and the 40 hours alcohol treatment lectures) is too unfasible and unfair.

2. In comparison with the judgment of the court below, there is no change in the conditions of sentencing at the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion 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.

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