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(영문) 인천지방법원 2018.01.10 2017노3556
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the court below sentenced the defendant (two years of suspended sentence for one year of imprisonment, two years of probation observation and community service order, 160 hours of community service order and 40 hours of lecture attendance order) is too unfluent and unfair.

2. Taking into account the various sentencing conditions as shown in the instant judgment records and arguments, the lower court’s sentence is too unfasible and unreasonable, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure, however, the court below’s decision ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure that “after receiving a summary order of KRW 4 million” as “after receiving a summary order of KRW 4 million.”

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