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(영문) 대전지방법원 2016.10.27 2016노1947
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is deemed unreasonable.

2. The fact that the defendant committed the crime of this case during the period of suspended execution is disadvantageous to the defendant, or that the defendant is led to the confession of the crime of this case, that the social relation of the defendant is clear, that there is room to expect the improvement of character and behavior as the age of the defendant, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the prosecutor's allegation of unfair sentencing is groundless.

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

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