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(영문) 제주지방법원 2017.01.19 2016노659
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although the defendant appears in the attitude to recognize and reflect the instant crime, he/she has the ability to be subject to criminal punishment for the same kind of crime, and in particular, on May 23, 2016, he/she was sentenced two years of suspended sentence for six months on the road traffic (unlicensed driving) and was sentenced two years of imprisonment, and the judgment became final and conclusive on the 31st of the same month, and the court below did not seem to have determined that the Defendant’s age, sex, environment, motive, method and method of the instant crime, and the records and method of the instant crime and all the circumstances after the instant crime were found to have exceeded the reasonable scope of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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