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(영문) 수원지방법원 2015.05.01 2014노4689
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. On March 27, 2014, in the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., was sentenced to imprisonment with prison labor for ten months in the Suwon District Court's Sung-nam branch, which was sentenced to a two-year suspended sentence for the same crimes, and there is a need for strict punishment of the defendant in that the crime in this case

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; and (b) again, the Defendant is expected to refrain from committing such crime; (c) the Defendant is detained for a period exceeding one month; (d) the Defendant has an opportunity to reflect it; (e) health status is not good; and (e) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after committing the instant crime; and (e) the lower court’s punishment is deemed unreasonable.

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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