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(영문) 인천지방법원 2017.09.27 2017노2720
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (3 million won in penalty) imposed on the defendant is too unfased.

2. Taking into account the sentencing conditions indicated in the records and arguments of the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable (see, e.g., Supreme Court Decision 201Do1448, Apr. 2, 2011). However, it is difficult to expect the Defendant’s replacement of compliance consciousness when the Defendant

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

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