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(영문) 광주지방법원 2016.07.19 2015노3523
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the lower court’s sentence (two years of suspended sentence to eight months, and eight hours of community service order) is unfair because it is too uneasible (the prosecutor expressed his opinion that the Defendant shall be punished by imprisonment with prison labor for one year and six months). (b) The lower court’s judgment was based on the following: (c) the Defendant was smoothly agreed with the victim of traffic accidents; (d) the Defendant was driving a vehicle on three occasions; (e) the Defendant was punished by a fine on three occasions; and (e) the Defendant did not have been sentenced to imprisonment with prison labor for three times as a suspended sentence; and (e) the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., all of the sentencing conditions in the instant case, and thus, cannot be deemed unfair

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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