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(영문) 서울북부지방법원 2018.07.06 2018노430
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (an amount of KRW 7 million) is too unreasonable.

2. Even though the Defendant had been sentenced to a fine twice for the same kind of crime before the instant crime was committed, the Defendant committed the instant crime five times within a relatively short period of time.

In addition, in full view of all the sentencing circumstances, including the defendant's age, sex, family relation, motive, means and consequence of the crime, the circumstances after the crime, etc., it does not seem that the sentence imposed by the court below is unreasonable.

The above assertion by the defendant is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the Supreme Court Decision (Article 25(1) of the Rules on Criminal Procedure, however, the part of the lower judgment’s “automobile Management Act” in the column for application of the statute of the lower judgment as “the former Automobile Management Act (wholly amended by Act No. 13686, Dec. 29, 2015)” is deemed to be “the former Automobile Management Act (wholly amended by Act No. 13686).”

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