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(영문) 창원지방법원 2020.06.04 2020노301
도로교통법위반(무면허운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year of imprisonment with prison labor for the crimes Nos. 1, 2, 3, 6, and 7 in the original judgment), each of the defendants appealed to the effect that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

In the first instance, it is favorable to the defendant that V, one of the victims of the crime No. 8 of the judgment of the court below, expressed his intention not to punish the defendant.

However, in addition to the circumstances properly pointed out by the court below on the grounds of sentencing, considering the following: (a) the defendant stated that he driven a vehicle by non-party H during the initial investigation process of crimes Nos. 1 through 3 of the decision of the court below; and (b) the 4, 5, and 8 of the decision of the court below was a social work personnel member status during the period of suspended execution due to the violation of the Military Service Act; and (c) the 8 of the crime was prosecuted after the crime was committed due to crimes Nos. 1 through 3, and the nature of the crime is not good, it is difficult to evaluate that the circumstances that the defendant agreed to reach an agreement between one of the victims of the crime of assault and in the

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case and the various conditions of sentencing indicated in the pleading, it is not deemed that the sentence of the court below against the defendant is too heavy or unreasonable.

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

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