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(영문) 창원지방법원 2019.03.28 2018노3092
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

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

The court below appears to have determined the punishment within the reasonable scope of discretion, taking full account of the circumstances favorable to the defendant and the unfavorable circumstances, and there is no special change in circumstances to change the sentencing after the decision of the court below.

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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