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(영문) 서울남부지방법원 2018.10.23 2017노1862
화물자동차운수사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is based on the following circumstances: (a) the Defendant was aware of the instant crime; (b) has a family member to be supported; and (c) has a good economic condition.

However, there is no possibility of criticism in that the crime of this case is committed by the defendant using a private-use truck in return for payment, which may undermine the rights and interests of the trucking business operator and disrupt the order of the transport market.

In addition, the lower court sentenced a fine less than the summary order, taking into account the circumstances favorable to the Defendant as seen earlier.

In addition, in full view of all the sentencing circumstances shown in the records and theories of this case, including the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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