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(영문) 수원지방법원 2018.04.27 2018노896
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake was recognized and against himself; and (b) the fact that the defendant's main figures want to take the defendant's wife against the defendant, etc. appears to clearly affect the social ties of the defendant.

On the other hand, the fact that the defendant has been punished several times due to the same crime, including the suspended execution, and in particular, the crime of this case is committed during the suspended execution period, which is disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, health status, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too unreasonable as it is too unreasonable in light of the sentencing conditions indicated in the record.

Therefore, the defendant's above assertion is without merit.

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

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