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(영문) 대전지방법원 2017.11.08 2017노1338
도로교통법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the circumstances, details, attitudes, etc. of the instant crime, the crime of this case is not good, the crime of this case was committed without being aware of it during the period of repeated crime, and the fact that there was a record of punishment about four times due to the same and different types of crimes (a punishment, punishment, punishment, etc.) are disadvantageous.

However, the defendant recognized the crime of this case, the victims and the victims do not want the punishment, and the damage caused by the crime is relatively serious.

The fact that it is not visible is the favorable situation.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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