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(영문) 부산지방법원 2017.11.23 2017노2922
자동차관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (1,500,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the fact that the defendant reflects the wrongness while making a confession, and that the defendant must support the poor condition in the absence of certain occupation, etc.

However, the instant crime is deemed to have been operated without being subscribed to the automobile mandatory insurance by the Defendant, and the liability for the instant crime is grave in light of the content of the crime, and the Defendant committed the instant crime even with the knowledge of the fact that the order to suspend operation was already discovered immediately before the instant crime, and even with the knowledge of the fact that the order to suspend operation was registered, under the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness, it is reasonable to respect the determination of sentencing where there is no change in the conditions of sentencing compared with the first instance court and the first instance court does not change in the conditions of sentencing and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the Defendant prior to the judgment of the lower court do not constitute a change of special circumstances that could change the sentence of the lower court, and the Defendant’s age, sexual behavior, environment, etc. are not too unfair if the lower court’s punishment against the Defendant was too unreasonable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio by the lower court pursuant to Article 25(1) of the Rules on Criminal Procedure, the Defendant’s appeal is corrected as adding “1. Defendant’s oral statement” to “the summary

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