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(영문) 수원지방법원 2017.05.24 2016노7941
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for eight months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.

2. The defendant's mistake is in depth divided.

There is no other criminal record except for punishment of a fine once due to drinking driving.

The victims agreed with the victims.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and 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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