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(영문) 청주지방법원 2017.08.11 2017노582
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The court below seems to have sentenced the defendant to the punishment in consideration of the circumstances, such as the fact that the defendant committed each of the crimes of this case during the period of repeated crimes, the fact that the defendant committed a crime against the victim of pro-Japanese appearance, and the defendant committed a mistake.

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept all the grounds for appeal by the defendant and the prosecutor.

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

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