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(영문) 대전지방법원 2016.09.29 2016노294
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (amounting to KRW 9 million) against the Defendant is too uneased and unreasonable.

2. The judgment is disadvantageous to the Defendant, who has been punished for the same kind of crime, etc.

However, in full view of the fact that the defendant reflects his mistake, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is deemed that the sentence of the court below against the defendant is too unfeasible and unfair. Thus, the prosecutor's assertion is without merit.

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

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