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(영문) 대전지방법원 2016.09.22 2016노980
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) against the Defendant is too uneased and unreasonable.

2. The fact that the defendant has been sentenced one time to a fine due to the same crime is disadvantageous to the defendant; however, considering the defendant's age, sex, environment, motive, means and consequence of the crime in this case; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and consequence after the crime, it cannot be deemed unfair since the court below's punishment against the defendant is unscheduled and thus, the prosecutor's improper assertion of sentencing is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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