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(영문) 춘천지방법원 2016.09.29 2016노695
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is a favorable circumstance to the defendant, such as the fact that the defendant is divided into the crime of this case and reflects the fact that there are two children who support the defendant alone.

However, the Defendant committed the instant crime without being subject to suspended execution due to traffic crimes, and the Defendant committed the instant crime even before the instant crime was committed, despite being sentenced to a fine twice during the suspended execution period, again committed the same crime. At the time of detection of the instant crime, the Defendant committed the instant crime against the Defendant at a disadvantage.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, sex, environment, relationship with the victim, and circumstances before and after the crime, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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