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(영문) 수원지방법원 2017.08.11 2017노3590

사서명위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the court below is a favorable condition to the defendant that the defendant separates and reflects his mistake, that the degree of injury to the victim of the instant traffic accident is not relatively much serious, and that the court below agreed to the victim of the traffic accident in the original instance.

However, in 2010, the Defendant was punished for suspension of execution due to the conspiracy B’s use of his name in order to avoid punishment for driving without a license in the same manner. Nevertheless, the Defendant committed the instant crime of taking the name B on March 21, 2016 when he was punished on two occasions due to the violation of the Guarantee of Automobile Compensation after the Defendant committed the instant crime of violation of the Guarantee of Automobile Compensation. The Defendant was able to avoid punishment on March 21, 2016 on the violation of the Guarantee of Automobile Compensation Act. After the issuance of the summary order on B, the Defendant did not pay a fine on June 27, 2016 due to the Defendant’s violation of the Guarantee of Automobile Compensation Act (i.e., the Defendant’s crime committed in the process of the trial following the issuance of the summary order on B, and (ii) caused interference with the national criminal judicial action. Accordingly, the Defendant did not pay a fine on June 27, 2016.

The fact that there is a concern for repeated crimes of the same kind is disadvantageous to the defendant.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.