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(영문) 서울남부지방법원 2015.12.11 2015노1210
자동차관리법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the facts charged regarding “unregistered motor vehicle resale” were not specified.

In addition, in light of the legislative purpose of punishing “unregistered motor vehicle transaction business” in the Motor Vehicle Management Act, the so-called “motor vehicle for large use” is not subject to the said Act.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the entry of the facts charged in the indictment should be made by specifying the time, date, place, and method of the crime. The purport of the law requiring the specification of the facts charged lies in facilitating the exercise of the defendant’s right of defense. As such, the facts charged is sufficient to include the facts constituting the crime in a manner that is recognizable from other facts, and even if the date, place, method, etc. of the crime are not explicitly stated in the indictment, it does not go against the purport of the law allowing the specification of the facts charged, in light of the nature of the crime charged, if the general indication is inevitable in light of the nature of the crime charged, and it does not interfere with the defendant’s right of defense, it cannot be deemed that the contents of the indictment are not specified.

(2) In light of the aforementioned legal principles, the health care unit, the transaction date, the transaction counterpart, and the transaction amount are indicated in detail. (see, e.g., Supreme Court Decision 2010Do4671, Aug. 26, 2010).

The above date of transaction, the other party, and the amount of transaction are identified in the investigative agency after checking the account details daily and based on the statement specified only to acknowledge the crime, and the accused himself/herself recognizes all such objective facts. However, the defense counsel’s “specific facts of prosecution” in the legal principle.

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