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(영문) 대구지방법원 2018.03.15 2017노3940
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (4 million won in penalty) on the gist of the grounds of appeal is deemed unfair because it is too unfasible.

2. In full view of the following circumstances: (a) vehicles driven by the Defendant are covered by a comprehensive insurance policy; (b) the degree of injury suffered by the victims is relatively less light; and (c) there is no criminal history against the Defendant; and (d) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the offense; (b) the motive and circumstance of the offense; (c) the means and consequence of the offense; and (d) there are no special circumstances or changes in circumstances that may change the sentencing after the judgment of the lower court,

3. The prosecutor’s appeal to the conclusion is without merit, and is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the “0.137%” of the first instance judgment No. 3 is clearly erroneous and erroneous, and thus, the prosecutor’s appeal ex officio is dismissed under Article 25(1) of the Rules on Criminal Procedure.

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