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(영문) 광주지방법원 2016.05.24 2015노3224
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the lower court’s punishment (2 million won) is too uneasy and unfair (the prosecutor expressed his opinion that the Defendant must be punished by imprisonment with prison labor for one year). The lower court’s judgment is in an economically difficult situation, such as that the Defendant is the disabled in the fourth degree due to the delayed disability due to the escape certificate of conical signboards, the left-hand flag and paralysis, the upper-class flaging cutting, the upper-class 4 disability and the support from the association for basic old-age pension and the association for the disabled without any import.

In addition, the defendant has been punished for driving without a license in 2014, but he has not been punished for more than a fine.

In addition, in full view of various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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.

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