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(영문) 수원지방법원 2020.04.01 2020노1165
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

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

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no particular change in sentencing conditions compared to the original judgment. In full view of all the conditions of sentencing indicated in the instant pleadings and records, including the criminal records of the Defendant, the criminal records of the Defendant, the developments and details of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too unfeasible and is not recognized to have exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is groundless

[Ex officio, in accordance with Article 25(1) of the Rules of Criminal Procedure, the " sound driving" in the second page of the judgment of the court below shall be corrected to "unlicensed driving"]

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