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(영문) 대구지방법원 2020.09.25 2019노1576
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the Defendant to the said punishment by taking account of the fact that (a) there was a history of being punished several times for the same kind of crime, and (b) the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime, but (c) the Defendant was willing to sell the vehicle and not to engage in an illegal act again; and (d) the Defendant is against the law

Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the court below, and comprehensively taking account of the defendant's age, occupation, reputation, character and conduct, health and property status, family relationship and social ties, and the motive, circumstance, means and consequence of the instant crime, etc., the sentencing of the court below is not deemed unfair because it goes beyond the reasonable scope of discretion, and is too unreasonable.

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

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