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(영문) 수원지방법원 2015.07.17 2015노1119
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. However, the defendant was punished for the same kind of crime over several occasions, and the crime of this case is committed again during the suspended execution period, and the quality of such crime is not good.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the depth of the Defendant; (b) again, he/she is expected not to commit such crime; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after committing the instant crime; and (d) the lower court’s punishment is deemed unreasonable because it is too uneasible.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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

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