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(영문) 대구지방법원 2020.06.23 2020노1072
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The lower court, as indicated in its reasoning, determined a punishment within a reasonable scope by taking into account various circumstances that serve as the conditions for sentencing, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment.

In particular, the sentence of the lower court is the lowest sentence that can be sentenced within the scope of the applicable sentences after discretionary mitigation as long as it selects imprisonment.

Therefore, even considering the grounds for sentencing favorable to the defendant, such as the fact that the defendant suffers from catherosis, the fact that he/she must support the old-parent, and the defendant's family members and bats wanting to cather, the sentencing of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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