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(영문) 인천지방법원 2018.01.31 2017노4436
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in one year of imprisonment without prison labor) is too uneasy and unfair.

2. Taking into account the various sentencing conditions as shown in the instant judgment records and arguments, the lower court’s sentence is too unfasible and unreasonable, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the third proviso to paragraph (2) shall be deleted under the third proviso below (Article 25(1).

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