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(영문) 대구지방법원 2019.10.10 2019노846
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment with prison labor, two years of probation, 60 hours of community service order, 40 hours of order to attend a law-abiding driving lecture) is deemed to be too unhued and unreasonable.

2. The lower court, as indicated in its reasoning, determined a punishment within a reasonable scope by taking into account various circumstances that serve as the conditions for sentencing, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment.

The sentencing of the court below is not unfair.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below is ex officio, and the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) as the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15530, Mar. 27, 2018) are respectively dismissed.

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