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(영문) 창원지방법원 2019.01.31 2018노2919
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too heavy or unreasonable.

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

The sentencing of the lower court appears to have determined the sentence in full consideration of the various favorable circumstances to the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining various conditions of sentencing in the records and pleadings of this case, such as the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, records of the crime, and the suspension of execution, etc., it is not deemed that the lower court’s punishment 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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