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(영문) 수원지방법원 2018.09.07 2018노3975

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In full view of the circumstances favorable to the defendant, such as the fact that the defendant committed the instant crime during the period of suspension of execution despite the fact that he/she had record of punishment for the same kind of crime, etc., the defendant committed the instant crime against the defendant, the fact that his/her personal and material damage did not occur due to the instant crime, and the fact that his/her social relationship is clear, such as the family members to support, and other factors favorable to the defendant, including the defendant’s age, occupation, sex, sex, environment, motive and background of the crime, means and consequence of the crime, etc., it is difficult to view that the sentence of the court below

Therefore, the prosecutor's above assertion is without merit.

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