(영문) 수원지방법원 2016.07.22 2016노2711 | 리걸엔진

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(영문) 수원지방법원 2016.07.22 2016노2711

자동차관리법위반

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments against the defendants of the court below (defendant A: 1-A. 1 to 11 of the crime sight table No. 1-A. 1 of the judgment of the court below, 2-A. 1-2 of the judgment of the court below, 12-35 of the crime sight table No. 1 of the judgment of the court below, and 1-2 of the judgment of the court below. 10-2 of the crime sight table No. 1 of the court below, and 1-2 of the judgment of the court below are too unreasonable.

2. Determination

A. Defendant A is against all of the instant crimes, and each of the crimes listed in No. 1-A, No. 1-1, No. 1-1, 1-1, as indicated in the judgment of the court below against Defendant A is a sentencing condition favorable to Defendant A, for the following reasons: (a) fraud for which the judgment was made in the first head of the first crime as indicated in the judgment of the court below and the concurrent crimes of a group after Article 37 of the Criminal Act should be considered at the same time in relation to the latter two crimes

However, Defendant A’s crime of this case needs to be strictly punished as circulating the term “large-scale vehicle”, which is likely to obstruct the state’s vehicle management and be used for various crimes without registration of the vehicle management business. Defendant A’s resale of a vehicle without registration of the transfer of the vehicle is 35 times, and the period and number of automobiles engaged in automobile sales business without registration with the competent authority, Defendant A had the record of being subject to criminal punishment for a violation of the Automobile Management Act even before the crime of this case was committed. The lower court appears to have been sentenced in consideration of the sentencing conditions favorable to Defendant A, and other various circumstances, such as Defendant A’s age, sex, environment, family relationship, circumstances after the crime, etc., are considered to be unfair, and thus, Defendant A and its defense counsel’s allegation of the above unfair sentencing is not accepted.

B. Defendant B recognized all of the instant crimes against Defendant B.

유사 판례

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