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(영문) 서울북부지방법원 2020.01.09 2019노1738
도로교통법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants is too unreasonable.

(However, Defendant A did not submit the grounds for appeal). B

The court below did not confiscate the goods which were provided or intended to be provided to Defendant A for a crime by Defendant A, which constituted a seizure. The court below erred by misapprehending the facts or by misapprehending the legal principles.

2. As to the Defendants’ assertion, the Defendants recognized the Defendants’ crime and reflected the mistake, and the Defendants did not have any history of punishment exceeding the fine, etc., in full view of all the factors favorable to the Defendants, such as the motive and circumstance leading up to the Defendants, the period of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., the lower court’s punishment against the Defendants is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. According to the evidence duly examined by the court below as to the prosecutor's assertion, although it is deemed that the evidence No. 3, which was seized, provided or intended to provide for the defendant's criminal act, constitutes a discretionary confiscation subject under Article 48 (1) 1 of the Criminal Act, it is difficult to view that the court below's failure to confiscate it exceeded the discretionary power regarding discretionary confiscation.

Therefore, prosecutor's assertion is without merit.

4. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the public prosecutor are without merit.

However, according to Article 25(1) of the Rules on Criminal Procedure, "1. Concurrent Crimes: the former part of Article 37, and Articles 38(1)2 and 50 (Defendant A) of the Criminal Act are added to the application of the law of the court below, and the lower court's judgment is the lower court's second tier.

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