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(영문) 수원지방법원 2019.08.30 2019노1964
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) imposed by the lower court is too uneased and unreasonable.

2. In full view of the arguments in the instant case and the sentencing grounds indicated in the records, the sentence imposed by the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the prosecutor, and no special circumstance exists to change the sentence imposed by the lower court.

3. 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 groundless. It is so decided as per Disposition.

(However) In accordance with Article 25(1) of the Rules on Criminal Procedure, the first head of the judgment of the court below shall be subject to ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, and "the defendant was sentenced to six months of imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) at the Gunsan Branch of the Jeonju District Court on January 9, 2019, and the above judgment became final and conclusive on January 17, 2019," and "the latter part of Article 37 and Article 39(1) of the Criminal Act concerning the Handling of 1. Concurrent Crimes" shall be added to "the second half of the judgment of the court below and the second half

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