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(영문) 대구지방법원 2018.08.23 2018노921
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing (two years of suspended sentence of October, community service hours, and forty hours of attending a compliance driving) on the gist of the grounds of appeal is deemed unreasonable as it is too uneasible.

2. In full view of the following circumstances: (a) there is no criminal record before and after the Defendant was sentenced to a fine in excess of the judgment; (b) the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the offense; and (c) there is no special circumstance or change of circumstances that could change the sentencing after the judgment of the court below; and (d) the sentencing of the court below is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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