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(영문) 서울서부지방법원 2015.12.10 2015노1373
화물자동차운수사업법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. In light of the purport of the Trucking Transport Business Act that prohibits the Defendant from providing a private-use truck to a cargo transport service for a smooth transport of cargo and for the promotion of public welfare, the fact that the Defendant, who was sentenced to criminal punishment four times for the same crime, was sentenced to imprisonment on November 15, 2013, and was sentenced to one year for the suspension of the execution of imprisonment on April 15, 201, has not yet lapsed, and thus, again commits the instant crime.

On the other hand, the fact that the defendant recognizes the seriousness of the case, recognizes the seriousness of the case, and again does not commit such a crime, and the defendant has provided cargo with compensation, but has converted the truck subject to criminal punishment into a business use, and there are some circumstances that can be considered in the course of the crime, and that there are only 80,000 won of the profit gained by the defendant as a result of the crime.

In addition, considering the age, character and conduct, environment, family relationship, and circumstances after the crime, all the sentencing conditions shown in the records and pleadings of the defendant, the sentence of the court below cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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