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(영문) 대구지방법원 2014.10.30 2014노2904
자동차관리법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the defendant has the same criminal history as the judgment, and the so-called "large-scale" is being used for a crime, the crime of this case is not considered good, etc., but is unfavorable to the defendant, such as the fact that the defendant separates and reflects his mistake, and that the defendant is detained for not less than five months, and that the defendant seems to have an opportunity to reflect his mistake is favorable to the defendant.

In full view of these circumstances, the sentence imposed by the court below is too unreasonable in light of the conditions of sentencing as shown in the records and arguments, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, after the crime was committed.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 79 subparagraph 13 of the Automobile Management Act and Articles 53 (1) of the same Act concerning facts constituting an offense;

1. The conditions of sentencing prior to the reasons for sentencing under Article 62(1) of the Criminal Act shall be comprehensively determined as per Disposition.

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