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(영문) 서울북부지방법원 2020.11.20 2020노1234
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 too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial room, and the lower court did not seem to have so far as the lower court exceeded the reasonable scope of discretion, considering the various sentencing factors in the instant pleadings, including various circumstances considered in sentencing.

In particular, it is more so in view of the fact that the Defendant reflects the instant crime and did not subsequently repeat the instant crime, and that the Defendant was relatively short of the distance of driving a vehicle without a license.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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