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(영문) 창원지방법원 2020.01.16 2019노2231
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for eight months, suspension of execution for two years, community service for 120 hours, and order to attend a law-abiding lecture for forty hours) that the court below rendered is too uneasible.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

The sentencing of the lower court appears to have determined the sentence in full consideration of the various favorable circumstances to the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case, it is not deemed that the sentence of the court below against the defendant is too unreasonable.

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

(However) In accordance with Article 25 of the Rules on Criminal Procedure, the court below’s ex officio, and revised Article 25 of the Rules on Criminal Procedure by adding “1. Suspension of Execution”, “Article 62(1) of the Criminal Act”, “1. community service order and order to attend lecture”, “Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc.

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