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(영문) 광주지방법원 2017.09.27 2017노368
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment for six months, a suspended sentence of two years, a community service order of 120 hours, a 24-hour driving lecture, and an order to attend a alcohol treatment lecture of 40 hours) imposed by the court below on the defendant is too unfasible and unfair.

2. In full view of the various sentencing conditions indicated in the records and arguments of this case including the fact that the defendant was in the first instance trial and that the victim C, E, F, and the defendant agreed smoothly with the victim C, E, and F, the court below’s punishment against the defendant is not unfair. Thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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