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(영문) 인천지방법원 2016.10.26 2016노2564
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years and 40 hours of compliance driving and community service order for not less than 160 hours) that the court below sentenced to the defendant is unreasonable because it is too uneasible.

2. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments in this case, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor as the grounds for appeal.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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