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(영문) 인천지방법원 2016.09.07 2016노1694
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years and not more than 80 hours, and an order to provide community service for not more than 40 hours and an order to attend a law-abiding course) that the court below sentenced the defendant is too uneasible and unfair.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and compared the sentencing conditions as shown in the records and arguments of this case with the reasons for sentencing, considering the circumstances alleged by the prosecutor as the reasons for appeal, the sentence of the court below is too uneasible and unreasonable.

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

[However, in accordance with Article 25 (1) of the Regulation on Criminal Procedure, the lower court added "within the scope of 3th page 12 of the judgment of the court below" to "Provided, That the lower court shall conform to the punishment prescribed for the violation of the Road Traffic Act (driving)."

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