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(영문) 수원지방법원 2017.07.12 2017노981
사기미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the suspended sentence: a fine of one million won) is deemed to be too unhued and unfair.

2. The Defendant’s mistake is against the judgment.

It is an initial crime that has no criminal history.

Since then, insurance companies paid 3 million won for accident charges related to non-licensed driving.

There are circumstances such as de facto marriage with A who has been driving without a license.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure, which adds “1. Aiding and abetting (hereinafter Defendant B) by adding “Article 32(2) and Article 55(1)6 of the Criminal Act (hereinafter “the crime of aiding and abetting driving without a license”) to the following column for the pertinent statutory provisions and for the choice of punishment for the criminal facts during the application of the law in accordance with Article 25(1) of the Regulation on Criminal Procedure.”

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