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(영문) 인천지방법원 2018.09.12 2018노1382
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (3 million won in penalty) imposed on the defendant is too unfased.

2. We examine the judgment, and consider the various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition by the court below (Provided, That the part of the judgment below's decision No. 13 is deleted by ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure, which is "for instance, by agreement with the victim or by failing to receive a letter from the injured party."

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