도로교통법위반(무면허운전)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. Although the Defendant had been sentenced to five times a fine due to the same crime, and one time a suspended sentence of imprisonment, he again committed the instant crime during the period of the suspended sentence.
However, in full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc., the lower court’s punishment is somewhat weak, in view of the following: (a) the Defendant led to the confession of the crime; (b) the Defendant does not cause traffic accidents; and (c) the risk of repeating the same kind of crime by acquiring a driver’s license again after the crime in the instant case; and (d) the effect of the existing suspension of execution by sentenceing imprisonment to the Defendant appears to be somewhat harsh; and (e) other various circumstances,
Although there may be room to see it too much to reverse the judgment of the court below, it cannot be deemed unfair.
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.