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(영문) 울산지방법원 2014.09.03 2014노462
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence of a fine of 3 million won imposed by the court below on the defendant is too unhued and unfair.

In full view of all the sentencing conditions, including the content and circumstances of the instant crime, the Defendant’s age, family relation, criminal record, criminal records, character and conduct, environment, and the method and method of the instant crime, and the circumstances after the commission of the crime, etc., the Defendant’s sentence imposed by the lower court is deemed reasonable and unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

[However, the term "criminal records" and "a summary of evidence" in the part of [criminal records] and "a summary of evidence" shall be deleted respectively, and the term "criminal records and investigation reports (attached to the current status of personal identification and confinement)" shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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