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(영문) 청주지방법원 2017.07.24 2017노306
도로교통법위반(무면허운전)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the Defendants (3 million won for the crime No. 1 in the judgment of the court below, 2 years of suspended execution of imprisonment for two months for the crime No. 3 in the judgment of the court below, 3 million won for the crime No. 2 in the judgment of the court below, 2 years of suspended execution of imprisonment for two months for the crime No. 3 in the judgment of the court below) is too

2. The lower court seems to have sentenced the Defendants to the punishment by taking into account the favorable and unfavorable circumstances to the Defendants.

When comprehensively taking into account the motive, circumstance, and result of the crime in the trial, the circumstances after the crime, the age of the Defendants, sexual conduct, and the record of punishment, as well as the matters on which the sentencing conditions are attached, the statutory penalty, and the sentencing guidelines in the trial, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, both the prosecutor's sentencing and warning cannot be accepted.

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

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