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(영문) 서울남부지방법원 2018.03.23 2017노87
공기호부정사용등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the sentence of the lower court (one year of imprisonment, two years of probation and observation of protection, and 300 hours of community service order) is too heavy or (the Defendant) and (the prosecutor).

2. The crime of this case is an element of sentencing unfavorable to the Defendant that: (a) the Defendant arbitrarily removed the number plate of his vehicle registered as a monthly fixed parking vehicle in order to raise the payment for parking lot; (b) attached it to another vehicle; and (c) used it through the vehicle recognition machine; and (d) the Defendant used it; (b) there was a history of having been sentenced to the suspended sentence of imprisonment for the same crime even around 201; and (c) there was a record of having been sentenced to the suspended sentence of imprisonment for the same crime; and (d) the number of

On the other hand, it is reasonable to consider the fact that the defendant repents and reflects the defendant's mistake, and that the defendant compensates for all damages to the damaged parking lot.

The lower court appears to have determined the sentence in full consideration of the aforementioned overall circumstances, and comprehensively taking account of all the sentencing conditions expressed in the records and changes in the instant case, the sentence imposed by the Defendant is deemed appropriate, too heavy or less.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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