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(영문) 청주지방법원 2019.11.29 2019노361
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing at the trial were revealed during the hearing of the lower court, and no particular change of circumstances is found in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

Furthermore, in full view of all the sentencing conditions stated in the records of this case, including the sentencing grounds cited by the court below and the Defendant’s health, and the Defendant’s wife is suffering from the disease, and all other sentencing conditions stated in the records of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion on sentencing, and thus, the prosecutor’s assertion is rejected.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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