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(영문) 인천지방법원 2017.01.13 2016노4163
화물자동차운수사업법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the suspended sentence of KRW 1,00,000,000) against the Defendant is unreasonable.

2. Although it is necessary to strictly punish a trucking service provider as an offense that undermines the rights and interests of the trucking service provider and disturbs the order of the transportation market, considering the following: (a) the Defendant recognized an offense; (b) the Defendant obtained permission for trucking transport business after the prosecution of the instant case; (c) the Defendant is a primary offender who has no record of criminal punishment; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the offense; and (c) other circumstances that form the condition of sentencing as indicated in the record, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too unjustifiable and thus, it does not seem unfair. Therefore, the prosecutor’s wrongful assertion of sentencing

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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