도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant of the summary of the grounds for appeal (the imprisonment of four months with prison labor for the crime No. 1 in the original decision and the imprisonment of six months for the crime No. 2 and No. 3 in the decision of the court below) is too unreasonable.
2. Determination takes into account the following: (a) the Defendant’s mistake is divided; (b) the Defendant agreed with the thief victim; and (c) the crime No. 1 of the judgment of the court below should be judged simultaneously with the case of a violation of the Road Traffic Act (unlicensed Driving) which became final and conclusive in 2014; (b) while the Defendant continues to commit the same crime, such as larceny, theft, and the past record of punishment for the violation of the Road Traffic Act (unlicensed Driving) in 2002; (c) the Defendant has been punished for six months of imprisonment; and (d) the crime Nos. 2 and 3 of the judgment of the court below is committed during the suspended execution period sentenced in 2014; and (d) other unfavorable circumstances such as the Defendant’s age, character and conduct, circumstances leading to the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be excessive.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.