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(영문) 의정부지방법원 2020.03.02 2019노3279
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing of the case (five months in prison labor);

2. The lower court determined a sentence by comprehensively taking account of the following circumstances and the sentencing conditions under Article 51 of the Criminal Act. A person under way: A person subject to a final and conclusive period of the stay of execution of imprisonment, who is subject to mitigation, such as recidivism, criminal records and accumulated crimes, etc.: Confession, vehicle disposition, difficulty, dependents, etc., and the grounds for unfair sentencing alleged by the Defendant are determined by the lower court, and the judgment of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, it is reasonable to respect the sentencing of the lower court, and thus, the Defendant’s assertion of unfair sentencing is not accepted.

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.

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