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(영문) 인천지방법원 2016.11.11 2016노422 (1)

자동차관리법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 1,00,000) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. In light of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is not deemed to be too minor, but the Defendant’s assertion is without merit, inasmuch as it is deemed that the Defendant’s punishment against the Defendant is too minor in light of the following: (a) the Defendant’s recognition of criminal facts and reflects the mistake; (b) the degree of the Defendant’s participation appears to be relatively low; and (c) the Defendant is a primary offender who has no record of criminal punishment; and (d) the Defendant’s age, character and conduct and environment, motive,

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