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(영문) 수원지방법원 2014.10.20 2014노3193
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the original judgment's imprisonment (one year of imprisonment, two years of suspended execution, probation, 40 hours of probation, and an order to attend a law-abiding lecture) is too uncomfortable and unfair;

2. In full view of the following factors: (a) the Defendant, who made a judgment against his/her own mistake in depth and would not repeat again; (b) the Defendant has no record of punishment exceeding the fine for the last ten years; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (d) all the sentencing conditions stated in the instant pleadings, such as the circumstances before and after the instant crime, even if considering that the Defendant could have a criminal power for the same kind of crime, the sentence of the lower court is deemed unreasonable.

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

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