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(영문) 부산지방법원 2019.05.09 2018노4339
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the following: (a) the Defendant was aware that it was difficult to identify the number plate; (b) the Defendant knowingly recognized the Defendant’s mistake; and (c) there was no new circumstance to change the sentence of the lower court in the trial.

In addition, when comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, and criminal method and circumstance, as shown in the hearing of the court below and the party branch, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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