logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.05.21 2019노1081
공기호위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As the Defendant was kept in custody of a vehicle number plate due to local tax in arrears, there are unfavorable circumstances, such as the forgery of a license plate by paper, and attachment of a vehicle and operation of the vehicle, which are disadvantageous to the Defendant.

However, the lower court did not change circumstances that could be considered disadvantageous to sentencing after the sentence of the lower judgment, considering the aforementioned circumstances.

In full view of the following factors: (a) the Defendant forged a vehicle number plate with the same number as the previous one on a temporary basis; (b) the operating distance of the motor vehicle appears to not to be so long; (c) the Defendant paid delinquent taxes after the instant case and returned the vehicle number plate; and (d) the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and all of the sentencing factors indicated in the instant records and trial process, such as the circumstances after the commission of the crime, the sentence imposed by the lower

3. The prosecutor's appeal of conclusion 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.

arrow