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(영문) 광주지방법원 2018.12.19 2018노3149
자동차불법사용등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment was based on the following circumstances: (a) the Defendant recognized and reflected the instant crime; (b) the father of the Defendant paid KRW 4 million to C for the victim of the unlawful use of the automobile; and (c) the Defendant deposited KRW 1.5 million for the victim of the Defendant India, which is favorable to the Defendant.

However, in 2013 and 2015, the Defendant committed a second offense without being aware of the past record of the suspension of the execution of imprisonment due to drinking and non-licensed driving, and the Defendant’s past record of punishment due to drinking and non-licensed driving, including the above previous record, is disadvantageous to the Defendant. In full view of the following: (a) there is no particular change in the sentencing conditions compared with the lower court; and (b) other various sentencing conditions in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, etc., the lower court’s sentence is too heavy or is not deemed unreasonable, and thus, each of the above arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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