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(영문) 수원지방법원 2016.11.02 2016노4289
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 (two million won of a fine) is too unhued.

2. Although the Defendant had had been punished several times for the same kind of crime even before, the nature of the crime in this case is not good, the Defendant’s confession of the crime in this case and reflects his mistake, the Defendant has no record of punishment exceeding the fine, and there are no special circumstances to change the sentence of the lower court in light of the following: (a) the Defendant’s age, character, character, intelligence and environment; (b) the motive, background, means, method and consequence of the crime; (c) the circumstances before and after the crime; and (d) the criminal records, etc., the prosecutor’s allegation of unfair sentencing is not acceptable, on the ground that the lower court’s punishment is too uneasible and unreasonable.

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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