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(영문) 수원지방법원 2016.11.04 2016노3838
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. In addition, the defendant had been punished several times for the same crime even before and during the suspension of execution, and the nature of the crime is not good. However, the defendant led to confession of the crime of this case and reflects his mistake, and the defendant's new acquisition of a driver's license does not repeat again, and there are no special circumstances to change the sentence of the court below when the sentencing of the court below is reasonable and the judgment of the court below is just, and there are no other circumstances to change the sentence of the court below. In full view of the defendant's age, character and behavior, character and environment, intelligence and environment, motive and circumstance of the crime, means, method, method, and consequence, circumstances before and after the crime, and criminal record relation, the court below's punishment is too unjustifiable, and thus it is not recognized that the defendant's above allegation of unfair sentencing is unfair.

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

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