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(영문) 수원지방법원 2016.01.20 2015노4354

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (4 months of imprisonment) on the summary of the reasons for appeal is too unreasonable.

2. Considering that the Defendant’s confessions of and reflects each of the crimes of this case, the amount of larceny damage is not significant, agreed with the victim of larceny, submitted a written agreement in the court below, there is no record of punishment with prison labor in the past, and there is a family member to provide support, etc., the Defendant has the history of having been subject to punishment several times for the same crimes of the past, and in particular, even if he was sentenced to suspension of execution on July 2014 due to the same crime as the one of the larceny and the other, even if he was sentenced to suspension of execution on October 2014, and each of the crimes of this case was committed during the period of suspension of execution without any awareness of the crime, such as committing the crime committed again during the period of suspension of execution, the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of punishment by the court below is too unreasonable and it is not reasonable for the Defendant’s assertion.

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