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(영문) 대구지방법원 2018.06.07 2017노5207
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.

2. The Defendant committed the instant crime during the period of repeated crime resulting from the same crime.

However, in full view of the following circumstances: (a) the instant crime is a mere unauthorized driver; (b) the Defendant’s age, sexual conduct, environment, family relationship; (c) motive, background, means and consequence of the crime; and (d) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (b) the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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