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(영문) 대전지방법원 2018.07.06 2017노4020
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of the discretion, it is desirable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). No particular change in circumstances is found in the matters subject to the conditions of sentencing after the judgment of the court below, and in full view of various circumstances, including the defendant’s age, sexual behavior, environment, health condition, the course and form of the instant crime, and the record of the crime, etc., the court below’s sentencing was too unfeasible and exceeded the reasonable scope of the discretion.

subsection (b) of this section.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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