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(영문) 대구지방법원 2015.01.15 2014노4272
자동차관리법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (seven months of imprisonment) is too unreasonable.

2. The judgment is that the Defendant continues to commit a crime for a considerable period of time, and the number of transactions is considerable, and the crime of this case is traded with large vehicles which can be abused for the crime of this case, and the crime of this case is not good.

However, it is more favorable for the defendant to repent and reflect his wrongness, there is no record of punishment heavier than that of the same kind of crime or fine, and when the defendant is released, employment in the previous workplace would be possible, but if the detention is long, employment would be difficult.

In full view of such circumstances and the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and the conditions of the sentencing as shown in the records and arguments, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 79 Subparag. 13 and Article 53(1) of the former Automobile Management Act (Amended by Act No. 12146, Dec. 30, 2013);

1. The conditions of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act shall be comprehensively determined as per Disposition.

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