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(영문) 의정부지방법원 2020.06.12 2019노1382
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment and forty hours of an order to attend a law-abiding lecture) of the lower court is deemed as undue;

2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the factors indicated in the records and arguments of this case including the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., and the fact that there is no change in the conditions of sentencing compared with the court below since new sentencing materials have not been submitted at this time, it cannot be said that

Therefore, the prosecutor's above assertion is without merit.

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

[However, Article 25 (1) of the Rules on Criminal Procedure clearly states that "Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)" is "Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)."

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