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(영문) 대구지방법원 2015.07.23 2015노1688

자동차관리법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court against the Defendant is too minor or unreasonable;

2. The judgment of the Defendant recognized the instant crime and against the mistake, and that the Defendant discontinued the instant crime one year prior to being detained in the instant case and runs a new occupation, and that the Defendant is going to married with a female living together, is favorable to the Defendant.

On the other hand, the act of purchasing, selling, arranging the sale and purchase of a motor vehicle without a normal registration as to the crime of this case without registration of the motor vehicle management business is not only prejudicial to the transaction and distribution order of the motor vehicle, but also there is a need to strictly punish a large number of victims in that it is highly likely that such large-sized motor vehicle is abused as a means of crime or tax evasion, etc., in light of the transaction period, the number of transactions, and the transaction amount of the crime of this case, the crime is not good, and the defendant has a record of being sentenced to a two-year suspended sentence of imprisonment for the same crime in 2010, which is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is deemed to be too weak or unreasonable. Therefore, each of the Defendant and the prosecutor’s respective arguments

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.