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(영문) 서울동부지방법원 2017.05.26 2016노1669
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence imposed by the lower court against the Defendant (one hundred months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) is too uneasy and unreasonable.

2. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various reasons for sentencing alleged by the prosecutor, and there are no other special circumstances to the extent that the said punishment is modified.

In the end, the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That in the upper part of the column of application of the law of the judgment below, the omission of “1. Selection of punishment or imprisonment without prison labor” in the upper part of “1. Reduction of quantity” in the column of application of the law of the judgment below is obvious that it is a clerical error by mistake, and thus, it is corrected to add it ex officio in accordance with Article 25(1) of the Regulation

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