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(영문) 서울중앙지방법원 2014.01.16 2013노3178

자동차관리법위반등

Text

The judgment of the court below is reversed.

Defendant 1 was punished by a fine of KRW 1,00,00,00 for the first offense in the judgment of 2013Kadan1266.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the circumstances leading to the Defendant to commit the instant crime and the present situation where the Defendant is faced with, etc.

2. Determination:

A. As to the crime No. 1 in the decision of 2013Kadan1266, the defendant was sentenced to imprisonment for fraud, 10 months in prison, 2 years in suspended sentence, and 2 years in prison, and 3 years in prison, and the victim was strongly punished. However, there are favorable circumstances such as the defendant's recognition of all of his criminal acts and reflects the defendant. On the other hand, this part of the crime is under suspended sentence for 10 months in prison, 2 years in which the judgment became final and conclusive on August 22, 2008, and 37 in concurrent crimes with the latter part of Article 37 of the Criminal Act. In addition to the above circumstances, considering various conditions of sentencing as shown in the argument of this case such as the scale of the damage of this case, the age, character and conduct and environment of the defendant, motive, means and result of the crime, the defendant's assertion in this part is justified, and therefore, it is justified.

B. As to each of the crimes in 2013da587 and the crimes in 2, 2013da1266 of the judgment, the Defendant committed several crimes including imprisonment with prison labor for up to 10 months in fraud and imprisonment with prison labor for a period of two years in probation, and crimes in violation of the Automobile Management Act, etc. In the instant case, the Defendant’s imprisonment with prison labor for up to 2013dada587 and suffering from other persons, and the crime of fraud in 41 million won in the instant case is committed after the Defendant’s imprisonment with prison labor for up to 1 year in fraud, and the crime of fraud in 200,000 won in the instant case was committed after the suspended execution period under the above judgment became final and conclusive, and a fine of up to 2 million won in larceny, etc. during the suspended execution period under the above judgment and confiscated.

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