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(영문) 부산지방법원 2017.08.11 2017노936

자동차손해배상보장법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing committed by the Defendant and the prosecutor, it is recognized that the Defendant committed each of the crimes of this case without being aware of the period of repeated crime due to robbery, as well as the record that the Defendant was sentenced to a fine, suspension of execution, and punishment for a total sum of times, and that there was a history of punishment for a non-licensed driving.

However, in light of the fact that the Defendant led to the confession of the crime and divided his mistake, the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court on the Defendant is deemed appropriate, and is too heavy, or is too excessive, and thus is unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that it is clear that the part of the appeal filed by the court below on the charge of crime [the records of crime] is written by mistake, and it is corrected