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(영문) 서울중앙지방법원 2014.04.11 2013노3794

화물자동차운수사업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the Defendant’s grounds of appeal is too unreasonable in light of the following: (a) the Defendant confessions and reflects the instant crime; (b) there is no possibility to repeat a crime by disposing of all the present vehicles and reporting the closure of business; (c) details and detection process of the commission of the crime; (d) no profits from the commission of the crime; and (e) economic aspects; and (b) the sentence of the lower court (p) is too unreasonable.

2. In full view of the determination of the grounds for appeal, ① the Defendant committed the instant crime again on May 18, 2013, which was sentenced three times to a fine for the same kind of offense only in 2012, and ② the Defendant was punished with a fine of KRW 1 million, KRW 1.5 million, and KRW 2 million due to the same type of offense; ③ the details of the instant crime and the Defendant’s age, occupation, and other various factors of sentencing specified in the instant records and arguments, even if considering the above favorable sentencing factors, the sentence of the lower judgment is reasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.