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(영문) 서울동부지방법원 2016.04.27 2015노1361

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the prosecutor is that, in light of the fact that the defendant had already been tried for the same kind of crime and committed the crime of this case at the same time during the period of suspension of execution due to the same crime, the sentence of the court below that sentenced the defendant to a fine of KRW 3,00,000 is too unfluent and unfair.

In light of the above circumstances as alleged by the prosecutor, the lower court appears to have determined the type and quantity of punishment in light of the Defendant’s age, environment, background of the crime, and circumstances after the crime. However, it cannot be deemed that the sentence of the lower court, which sentenced the fine equivalent to the maximum statutory penalty, is too uneasible and unfair.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.