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(영문) 서울남부지방법원 2018.10.26 2018노1455
공기호부정사용등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The judgment that the defendant repents and reflects the wrong, and that the second damage due to the illegal use of air defense does not occur is the circumstances favorable to the defendant.

However, the defendant committed the crime of this case without being aware of the fact that he committed a second offense even though he had a majority of criminal punishment due to driving without a license, or committed the crime of this case even during the suspension of execution related thereto, and the vehicle not covered by the insurance is not a deadly weapon or a deadly weapon on the road.

In addition, considering the circumstances before and after the instant crime, the Defendant’s age, sex, occupation, and environment, and all the sentencing conditions indicated in the records and arguments, the sentence imposed by the lower court is deemed appropriate, and it seems unfair because it is too unreasonable. Thus, the Defendant’s assertion is without merit.

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

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