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(영문) 부산지방법원 2017.04.13 2016노4769
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (3,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case, based on the judgment, is found to be disadvantageous to the defendant, such as the defendant's driving of a car without a license, the liability for the crime is not weak in light of its content, and the defendant has the same criminal history once.

However, it is reasonable to respect the determination of sentencing in our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing in the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). An unfavorable circumstance against a recognized defendant does not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem to be unfair because the sentence against the defendant is too unscheduled, considering the overall circumstances that form the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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