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(영문) 인천지방법원 2017.07.05 2017노1144
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (an imprisonment with prison labor for six months, a suspended sentence of one year and a 40-hour driver’s lectures) is too uneasible and unfair.

2. Taking into account the sentencing conditions as indicated in the records and arguments of the instant case, even if the prosecutor asserts on the grounds of appeal, the sentence of the lower court is too unfilled and does not seem unfair (see, e.g., Article 25(1) of the Rules on Criminal Procedure; however, ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that the prosecutor’s appeal is without merit, and it is so decided as per Disposition.

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