(영문) 제주지방법원 2015.12.03 2015노545 | 리걸엔진

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(영문) 제주지방법원 2015.12.03 2015노545

공기호부정사용등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case in light of the following facts: (a) the Defendant stolen another person’s vehicle number plate and illegally operated the vehicle without a driver’s license; and (b) the Defendant operated the vehicle without a mandatory insurance without a driver’s license; and (c) the Defendant again committed the crime of this case even though he did not impose a suspended period of the immediately preceding judgment; and (d) the Defendant is a person who committed the crime of this case.

However, since the defendant acknowledges and reflects the crime of this case, and removes the number plate of a vehicle left alone without scraping (section 49 of the Investigation Record) and thus, it does not focus on property damage due to larceny. However, it does not seem that there is any other infinite purpose in the illegal use of another person's number plate as it appears that it was operated for the removal of a vehicle in an area without public transportation. Therefore, it does not seem that the crime of this case is serious as it appears that the crime of this case is against the anti-sociality of the defendant. As such, the crime of this case should be regarded as being committed more than eight months since the suspended sentence becomes void before the conclusion of imprisonment becomes final and conclusive, considering the age of 73 years, it appears that the punishment of the defendant is somewhat harsh and more severe considering the defendant's occupation and environment, the defendant's motive and circumstance leading to the crime of this case, means and result, and the circumstances before and after the crime, etc., the court below's punishment is somewhat inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.

참조조문

-형사소송법 제364조 제6항

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