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(영문) 광주지방법원 2018.12.19 2018노3016
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of a party member's trial is dismissed as to the charge of assault among the facts charged in this case, and the remaining facts charged are convicted, and since the defendant appealed only to the guilty part and the part of dismissing a public prosecution not appealed by the defendant and the prosecutor becomes final, the scope of a party member's trial

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. It is recognized that the judgment of the defendant is divided into his mistake and that the mental health of the defendant seems not good.

However, in light of the fact that the crime of this case is not good, that the defendant committed again during the period of repeated crime even though he had been tried for the same kind of crime, that the defendant did not have obtained a driver's license, the balance of sentencing with the same crime, the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

4. 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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