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(영문) 서울남부지방법원 2020.01.16 2018노1986
도로교통법위반(무면허운전)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the court below is too minor or unreasonable.

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

The fact that all the Defendant recognized each of the instant crimes and appears to have divided his mistake, and that there was no record of punishment for violation of the past Electronic Financial Transactions Act, etc. are favorable to the Defendant.

On the other hand, the fact that the defendant has already been punished several times of criminal punishment, and that the defendant was not aware of the fact that he had committed a repeated crime due to the crime of immigration offense, but led to each of the crimes of this case, is disadvantageous to the defendant

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., which are the sentencing conditions shown in the records and pleadings of the instant case, the lower court’s sentencing is not deemed to be too minor or hot beyond the reasonable scope of discretion.

We cannot accept the argument of unfair sentencing by the prosecutor and the defendant.

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

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