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(영문) 대전지방법원 2016.08.18 2016노1291
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) against the Defendant is too uneased and unreasonable.

2. The judgment of this case is that the crime of this case was committed on several occasions by the defendant driving without a license, which is not good in quality, that the defendant has been punished for the same criminal records, is disadvantageous to the defendant, but considering the defendant's confession of the crime of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence, etc., the defendant's punishment against the defendant cannot be deemed unfair since the court's punishment against the defendant is uneasible. Thus, the prosecutor's improper assertion of sentencing is without merit.

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

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