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(영문) 대전지방법원 2015.04.08 2014노2369
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, three years of suspended execution, and 120 hours of community service) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The judgment of the accused is an unfavorable circumstance to the accused, such as the fact that the accused has been punished several times, including a single sentence and a suspended sentence once, and that the section of the Defendant’s driving is not short.

However, the circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake, and there are some other circumstances to consider the circumstances leading to the crime of this case.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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

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