beta
(영문) 수원지방법원 2016.08.25 2016노1964

공기호위조등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) and the fact that the defendant's error is recognized and reflected, and that the defendant's wife and his children's livelihood became difficult due to the detention, the sentence of the court below that sentenced four months of imprisonment is too unreasonable.

2. The crime of this case is not deemed to be a crime that the defendant delinquent in the payment of a fine for negligence and kept in custody D's front number plate of D's vehicle, and it is not appropriate to have committed the crime of this case committed by forging one motor vehicle number plate from arbitrarily removing the above vehicle and attaching it on the number plate after forging it. The defendant was sentenced to imprisonment with prison labor for six months and eight months from August 16, 2013 and two years from suspension of execution to be decided and decided on December 10, 2014, and committed each of the crimes of this case during the suspension of execution. The defendant can have the record of criminal punishment, and the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, and other various matters provided for in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and conduct, environment, etc. as alleged in the records and arguments, and the above assertion by the court below is without merit.

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

참조조문