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(영문) 부산지방법원 2017.10.17 2017노2411
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (3,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case is found to be disadvantageous to the defendant, such as that the defendant driven a car without a driver's license, the criminal liability heavy in light of the substance of the crime, the defendant committed the crime of this case without being aware of during the period of suspended execution of the crime, and the defendant was punished for the same kind of crime.

However, it is reasonable to respect the Defendant’s confession of the instant crime in cases where there is no change in the conditions of sentencing compared to the first instance court and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstance against the Defendant is that the lower court’s punishment does not fall under a special change of circumstances that could change the Defendant’s punishment, and that the Defendant’s wife and the workplace club wanted to take the Defendant’s wife and the Defendant’s wife, etc., and that our criminal litigation law, which takes the principle of court-oriented trials and the principle of directness, shows relatively clear social relationship between the Defendant’s wife and the Defendant’s wife. If the Defendant’s punishment on the Defendant does not change the conditions of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, etc., is too unfair, considering the following circumstances.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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