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(영문) 인천지방법원 2016.07.13 2016노621
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. It is recognized that the defendant's recognition of the crime of this case reflects the fact that the defendant is the first offender, and that there is no significant benefit from the crime of this case.

However, given that the crime of this case may disturb the transaction order of the automobile sales business and cause substantial damage to other business operators running the Internet advertisement in a legitimate manner, the liability for the crime is not somewhat weak. In full view of the following facts: (a) there is no special change in circumstances after the decision of the court below; (b) the Defendant’s age, sex, occupation and environment; (c) motive and background leading to the instant crime; and (d) circumstances after the crime, etc., the court below’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant as seen earlier, even if considering the aforementioned circumstances favorable to the Defendant.

Therefore, we cannot accept the defendant's above assertion.

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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