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(영문) 부산지방법원 2018.06.21 2018노1052
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment without prison labor and two years of suspended execution, and one hundred and twenty hours of community service order) against the Defendant based on the summary of the prosecutor’s appeal grounds is unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court as the submission of new materials for sentencing in the trial, and there is no change in the conditions of sentencing compared with the lower court, and the sentencing revealed during the pleadings of the instant case is too unafford so far as the sentencing revealed in the instant case exceeds the reasonable scope of discretion, and thus, it

The prosecutor's improper argument in sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the court below’s ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, “D” of KRW 2, 18, 2, 3, and “ August 10, 2017” of KRW 3, 8, respectively, shall be corrected as “H” and “ August 1, 2017.”

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