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(영문) 인천지방법원 2016.09.28 2016노1929
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty amounting to KRW 6,00,000) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments of this case and the reasons for the sentencing of the court below, even if considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the court below’s punishment is too heavy or it does not seem unfair.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the judgment of the court below shall be corrected as follows:

The judgment below

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