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(영문) 춘천지방법원 2016.11.24 2016노874
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new data on sentencing at the trial and the lower court. In full view of all of the reasons for sentencing specified in the records and arguments in the instant case, the lower court’s sentencing is too unreasonable and thus, is not recognized to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant'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.

(However, according to Article 25 (1) of the Regulation on Criminal Procedure, the Criminal facts in the judgment of the court below ex officio are deleted as the first sentence of the part on the second half of the second half of the second half of the second half of the second half of the first half of the second half of the first half of the second half of the first half of the first half of the first half of the first half of September 4,

“A summary order of KRW 2 million has been issued”

correction by correction to 'the correction'

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