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(영문) 수원지방법원 2018.06.11 2018노206
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, and thereby repeating the crime of this case even during the period of imprisonment with prison labor.

However, in light of all favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, the fact that the defendant does not repeat the crime, and there is a family member to support, etc., and all of the sentencing conditions indicated in the instant case, such as the age, sex, environment, circumstances and result of the instant crime, etc., the court below’s punishment is too unobcied and unfair, and thus, the prosecutor’s allegation above is without merit.

3. In 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 without merit. It is so decided as per Disposition.

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