자동차불법사용등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the Defendant is too unafford in the lower court’s punishment (3 million won in penalty) and that it is unfair for the Prosecutor to use too unafford and unfair.
2. The circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and against himself/herself, and the fact that there are some circumstances to consider the circumstances of the instant crime, such as the relationship with the victim, etc.
On the other hand, even though the defendant had been already punished several times due to non-licensed driving and larceny crimes, including the suspension of two times of suspended execution, the fact that the defendant again led to the instant crime, the driving distance was not shorter, and there is no circumstance that the defendant agreed with the victim, etc. are disadvantageous to the defendant.
Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too heavy or unreasonable as it is too heavy in light of the sentencing conditions indicated in the record.
Therefore, the above assertion by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.