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(영문) 대구지방법원 2014.12.18 2014노3938
자동차관리법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant is against the defendant and the profit gained from the crime of this case is not much much, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

B. In light of the fact that the period for which the prosecutor carried out an unregistered motor vehicle transaction business is long and the number of transactions is considerable, the punishment sentenced by the court below is too uneasible and unfair.

2. Under the judgment of the lower court, we also examine the Defendant and the prosecutor’s assertion of unfair sentencing.

In full view of the circumstances, such as the fact that the Defendant committed the instant crime even though he had the same criminal history, the Defendant committed the instant crime, and the fact that the Defendant repented and reflected the mistake, and the conditions of sentencing as shown in the records and arguments, such as the period and frequency of transaction, age, character and conduct, character and conduct, intelligence and environment of the Defendant, motive, means and consequence of the crime, etc., the punishment imposed by the lower court is too unreasonable.

3. As such, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Comprehensively taking into account the relevant legal provisions regarding criminal facts and the conditions of sentencing prior to the determination of the sentence pursuant to Articles 79 subparag. 13 and 53(1) of the former Automobile Management Act (amended by Act No. 12146, Dec. 30, 2013) (amended by Act No. 12146, Dec. 30, 2013), prior to the grounds for

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