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(영문) 인천지방법원 2016.08.17 2016노1572
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. In light of the facts alleged by the prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, even if it is considered that the prosecutor’s allegation was based on the grounds of appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, however, the "B" of Article 25 (2) of the Rules on Criminal Procedure No. 9 shall be corrected to "E".

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