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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
In light of the overall circumstances of this case, the punishment imposed by the court below (2 million won of fine) is too unreasonable.
In full view of the fact-finding that the Defendant consistently led to a confession by an investigative agency (unlicensed driving part) and that it is difficult to believe the Defendant’s statement that he had no knowledge of contact and personal information with the Defendant that he/she had been driving on his/her behalf, F and G are less reliable, and that the Defendant was unable to drive his/her vehicle due to his/her color malfunction, it is reasonable to deem that he/she was driving without a license, in full view of the following: (a) the Defendant consistently led to a confession by an investigative agency; (b
In light of the overall circumstances of this case of unfair sentencing, the sentence imposed by the court below on the defendant is too uneasible and unfair.
The lower court found the Defendant guilty of this part of the facts charged on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone was a driving without a license by the Defendant, on the ground that: (a) the Defendant’s recognition of driving without a license was made at the police stage; (b) the Defendant denied this part of the facts charged in the court; (c) the Defendant’s statement at the police stage was inadmissible; and (d) the Defendant did not dispute the fact of driving without a license in the mind that he would promptly end the case by combining the relevant case with the relevant case; and (d) the witness F and G were aware that the Defendant was unable to drive his car at ordinary times and that he did not drive on the day of the instant case
Examining the judgment of the court below closely in light of the records and legal principles, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts alleged by the prosecutor.
Each of the defendant and prosecutor's inappropriate sentencing.