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(영문) 광주지방법원 2017.09.20 2017노73
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 3 (1) and Article 2 (proviso) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (Article 3 (1) and Article 3 (2) (proviso) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Procedure Act). Since it is obvious that the part of "Article 3 (1) and Article 3 (2) (proviso) of the Act on Special Cases Concerning the Settlement of Traffic Accidents," and Article 268 of the Criminal Procedure Act is a clerical error, it is corrected ex officio pursuant to Article 25 (1) of the Regulations on Criminal Procedure.

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