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(영문) 창원지방법원 2018.06.07 2018노826
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too heavy or unreasonable, as declared by the lower court (ten months of imprisonment).

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The sentencing of the lower court appears to have determined the sentence in full consideration of the various favorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, taking into account the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, etc., and various sentencing conditions indicated in the instant case’s records and theories, the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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