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(영문) 서울중앙지방법원 2015.09.10 2015노2824
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a form of punishment) of the lower court (e.g., a form of punishment 1 to 7: imprisonment with prison labor for six months; two years of suspended execution; community service hours; fines of 80,000 won; fines of 30,000 won; fines of 5 million won; fines of 5 million won) is too uneased.

2. In light of the fact that the Defendant had already been sentenced two times of suspended execution, and that the Defendant committed the instant crime (Article 8 and 9 on the market) during the period of suspended execution due to the same kind of crime, and that the quality of each crime was poor, it is necessary to pronounce strict sentence on the Defendant.

However, in full view of all the sentencing conditions in the records and arguments of this case, including the fact that the defendant has no criminal record, the suspended sentence of two times, and the fact that the crime of the first through seven of the crimes of this case was committed simultaneously with the relation between special larceny in which the judgment was made and the concurrent crimes in the latter part of Article 37 of the Criminal Act, and the case and equity should be considered at the same time. The damage to the crime of this case is relatively minor and agreed with the victim, and the depth of the crime of this case seems to be against the victim, even if considering the above conditions, it cannot be deemed unfair because the sentence imposed by the court below is too unreasonable.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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