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Escopics
Defendant
Appellant. An appellant
Prosecutor
Prosecutor
The current status of prosecution (prosecution) and the trial (public trial)
Judgment of the lower court
Busan District Court Decision 2017Gohap405 decided May 25, 2017
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
Considering the overall aspects of the violation of the Automobile Management Act due to the violation of the provisions of the Automobile Management Act, the balance with the violation of the Motor Vehicle Management Act, the prevention of unreasonable consequences due to the lack of punishment, etc., it is reasonable to interpret that the vehicle history and the seller’s information constitutes “false provision” even if not entered, the lower court acquitted the Defendant of the facts charged in this case. In so doing, the lower
2. Determination
Examining the evidence of this case in detail in light of the records, if the court below interpreted the meaning of Article 80 subparag. 7-2 of the Automobile Management Act by expanding and interpreting the meaning of Article 80 subparag. 7-2 of the same Act and interpreting the above penal provision as applicable to “a simple omission” rather than “a false entry,” on the grounds as stated in its reasoning, it is reasonable to determine that the meaning of penal provision is excessively expanded and interpreted in the direction unfavorable to the defendant, and thus, it is not in violation of the principle of no punishment without law, and there is no error of law as
3. Conclusion
Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges' Profit-based (Presiding Judge)