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(영문) 전주지방법원 2016.09.23 2016노129

화물자동차운수사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an improper sentencing) of the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) there was no past record of criminal punishment for the same crime; and (c) the benefit acquired from the instant crime is a small amount of money, etc.

On the other hand, the crime of this case is a case in which the defendant provided a private-use truck for cargo transport for three times more, and the nature of the crime is not less severe, and the court below already considered the favorable circumstances of the defendant and sentenced a fine reduced than the summary order, which is disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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