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(영문) 수원지방법원 2018.05.18 2018노52
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 Defendant committed the instant crime even though he/she had a record of being punished by a fine due to the same kind of crime, and was in the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the equivalent).

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and the social relationship of the defendant seems clear, and the sentencing conditions in this case, such as the defendant's age, sex, environment, and circumstances after the crime, it is not recognized that the sentence of the court below is too unfeasible and unfair.

Therefore, the prosecutor's above assertion 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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