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(영문) 대구지방법원 2018.03.22 2017노4164
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won in 6 million won) on the gist of the grounds of appeal is deemed to be too uneasy and unfair.

2. In full view of the following circumstances: (a) the victims’ injury suffered by the victims are relatively less light and not wanting to be punished against the Defendant; (b) the Defendant has no criminal history; and (c) the Defendant’s age, sex, environment, family relationship, motive, circumstance, means and consequence of the crime; and (d) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (b) the sentencing of the lower court is not unfair.

3. The prosecutor's appeal of conclusion is without merit, and the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act (Provided, That under Article 25 (1) of the Regulation on Criminal Procedure, "the pertinent Article of the Act on Criminal Crimes and the choice of punishment" in the first sentence of Article 3 of the judgment of the court below ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure are clearly erroneous terms of office, and thus, it is obvious that each "the choice of imprisonment" in the third sentence is erroneous.

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