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(영문) 인천지방법원 2018.01.12 2017노4022

허위진단서작성등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered (each of the offenses of the 2017 highest order 3053 cases as stated in the lower judgment and the offenses listed in the annexed crime list Nos. 1 through 3 of the 2017 highest order 6343 cases as stated in the lower judgment: Imprisonment with prison labor: 8 months; 2017 highest order 6343 cases as listed in the annexed crime list No. 4 of the 2017 highest order 6343: Imprisonment with prison labor) is too unreasonable.

2. The judgment defendant recognized all of the instant crimes, and reflects his mistake, and did not have any record of being punished for committing a crime with a similar content prior to the instant crime.

In the case of a crime committed prior to the crime of violation of the Punishment of Violences, etc. Act (Assault such as a group deadly weapon, etc.) in the judgment of the court below which became final and conclusive, the equity shall be taken into consideration

However, each of the crimes of this case is likely to interfere with public officials' performance of duties in relation to the transfer or acquisition of a license for private taxi transport business by preparing a false medical certificate necessary for the transfer of a license for private taxi transport business in collusion with multiple accomplicess under the same circumstances as the facts constituting the crime in the judgment of the court below, and submitting a false medical certificate to the public official in charge. In light of the motive, circumstance, means, methods, and consequences of the crime, the crime is very heavy in light of

It is highly likely that the defendant has committed the crime of this case in a planned and systematic manner in that he or she prepared a plan for illegal transfer to a private taxi engineer who does not meet the qualifications or requirements for transferring a license for private taxi transport business under the relevant laws and regulations, and received the price accordingly, and thereby makes the purport of the relevant Acts and subordinate statutes that restrict the transfer of a license for private taxi transport business.

In addition, the Defendant committed some of the crimes of this case during the period of repeated crimes due to violent crimes.

In addition to the above circumstances, the defendant's age, sex, family relationship, motive for the crime, circumstances after the crime.