logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.01 2018노2439
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, taking into account the favorable circumstances favorable to the Defendant, determined the penalty by reducing the fine amount of the summary order (20 million won), and there is no new circumstance to change the sentence of the lower court in the first instance court.

In addition, comprehensively taking into account the sentencing conditions, such as the defendant's age, living environment, motive for the crime, circumstances after the crime, and criminal records (in the case of being tried together with the crime for which the judgment became final and conclusive, consideration of equity in the case of being tried), the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. 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.

arrow