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(영문) 광주지방법원 2017.03.22 2017노146
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the defendant committed the instant crime even if he/she had been tried for the same kind of offense, strict punishment against the defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the distance of the Defendant driving a car is short; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; (b) the sentence imposed by the Defendant is too heavy or unreasonable; and (c) thus, the above argument by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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