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(영문) 광주지방법원 2014.10.01 2014노711
도로교통법위반(무면허운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the court below (the fine of 300,000 won) is too unreasonable.

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

Judgment

It is more favorable that the defendant has the power to be punished for the same kind of without a license, including the punishment, and that it is more favorable to consider the case and equity in relation to the concurrent crimes between the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below. In full view of the circumstances of the crime in this case, circumstances after the crime in this case, the defendant's age, character and conduct, and environment, the court below's punishment is too heavy or unreasonable. Thus, the defendant and the prosecutor's assertion are without merit

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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