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(영문) 수원지방법원 2016.05.13 2015노6938
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 unfilled.

2. The judgment defendant has a record of criminal punishment several times due to the same crime, and in particular, even if he/she was sentenced to a two-year suspended sentence for four months in prison for the same crime, the crime of this case is committed again during the suspended sentence period, and its nature is not good.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime; (b) the Defendant disposes of the cargo while having not committed a second offense; (c) the Defendant’s family members want to take the Defendant’s wife; and and (d) other circumstances that are conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s punishment is too unjustifiable, and thus, is deemed unfair, the Prosecutor’

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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