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(영문) 수원지방법원 2020.09.18 2020노2621
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, community service, 80 hours, 40 hours of compliance driving) of the lower court is deemed to be too uneasible and unfair.

2. Comprehensively taking account of the arguments in this case and the reasons for sentencing indicated in the records, the lower court’s punishment appears to have been appropriately determined by taking into account the various reasons for sentencing asserted by the prosecutor, and there is no special circumstance to the extent that the sentencing is changed ex post facto (the defendant was at the time of the trial and the victims do not want criminal punishment). 3. As such, the prosecutor’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per

[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) of the third and sixth of the judgment of the court below shall be corrected ex officio pursuant to Article 25(1) of the same Act.

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