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(영문) 수원지방법원 2017.04.19 2017노971
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Considering that the defendant has a criminal record related to the same kind of traffic at several times, and that the defendant repeats the crime within a short period of time during the suspension of execution due to the same criminal record, strict punishment against the defendant is required.

However, the fact that the defendant confessions all crimes and reflects the mistake, and that the defendant will not repeat a similar mistake again by transferring the vehicle, etc.

In full view of the fact that the defendant's age, sex and environment, motive, means and consequence of the crime, etc., as well as various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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