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(영문) 광주지방법원 2017.06.14 2017노1284
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered to the defendant is too unreasonable (a year of imprisonment with prison labor for two months or more, or for one year or more).

2. Determination

A. In full view of the following facts: (a) partial review of the crime No. 2 in the holding of the court below; (b) the Defendant committed each of the crimes in this case without being aware of it during the period of repeated crime due to larceny, etc.; (c) the Defendant was punished for the same kind of crime; and (d) there is no change in the sentencing conditions compared with the judgment below; and (d) the various sentencing conditions specified in the records and arguments, including the circumstances and means of the crime in this case, etc., the punishment for the crime No. 2 in the judgment of the court below,

B. In full view of the various sentencing conditions as shown in the records and arguments of this case including the following facts: first, third, or six crimes in the judgment of the court below; the defendant committed each of the crimes of this case without being aware of himself during the repeated crime due to larceny, etc.; the defendant violated the Road Traffic Act (non-licensed driving); the defendant can have been punished due to the violation of the Road Traffic Act; the defendant's violation of the Road Traffic Act (driving) and the crime of larceny; the defendant did not agree with the victims of larceny up to the trial; the defendant did not change the sentencing conditions compared to the judgment of the court below; and there is no special change in the sentencing conditions compared to the judgment of the court below; thus, the punishment for the crimes of this case No. 1, 3, or 6 in the records and arguments of each of the crimes of this case is not unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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