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(영문) 수원지방법원 2017.07.14 2017노2449
특수절도등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Defendant

C.

Reasons

1. The decision of the court below on the grounds of appeal (one year of imprisonment for defendant A, one year of imprisonment for defendant C, six months of imprisonment for defendant D and two years of suspended execution) is too unreasonable.

2. Determination

A. In full view of all the sentencing conditions, including Defendant A’s age, sex behavior, motive, frequency of the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, considering the following: (a) the fact that Defendant A is led to the confession of the crime; (b) the victim and the victim have been sentenced to several times of punishment by larceny; (c) the fact that the crime is not good in light of the form of larceny; and (d) the fact that the sale and purchase of a vehicle without normal transfer registration procedure is not a significant social harm due to the sale and purchase of the vehicle; and (e) the punishment of the lower court is deemed unfair.

B. In light of the favorable circumstances such as the confession of Defendant C to commit the crime and the violation of narcotics, etc., the fact that there was no record of being punished for the crime related to narcotics, etc., the fact that the vehicle trading business without registration was not long-term, the fact that the vehicle management business was punished for the violation of the Automobile Management Act, the purchase and sale of the vehicle without registration of a normal transfer registration, etc. of the vehicle management business, as well as the act of violation of the Automobile Management Act by itself, such as the imposition of fines for violation of laws and regulations, the collection of automobile tax, etc., and there is a need to strictly punish the victim due to the increase in the operation of non-insurance vehicles, the concern that the vehicle management might be used for all kinds of criminal acts, such as the victim's mass production due to the increase in the operation of non-insurance vehicles, the response to the training of marijuana as a result of the evaluation of the climatic and maternity, etc., it cannot be said that the punishment by the court below is too unfair.

(c)

Defendant

D. The confessions of crimes and reflects against D.

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