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(영문) 대전지방법원 2016.09.08 2015노2536
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is deemed unreasonable.

2. The fact that the defendant committed the instant crime even though he/she had been punished several times for the same crime is disadvantageous to the defendant.

However, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the commission of the crime, the sentencing of the Defendant in the lower judgment appears to have not exceeded the reasonable bounds of the discretion. Therefore, the Prosecutor’s assertion is without merit, since the lower court’s sentence against the Defendant is too una

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

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