(영문) 서울남부지방법원 2017.09.01 2017노1043

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(영문) 서울남부지방법원 2017.09.01 2017노1043

공기호위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one month of imprisonment with prison labor for a crime No. 1, 2 and 3, and 8 months of imprisonment with prison labor for a crime No. 2 and 3, and confiscation) is too unreasonable.

2. The judgment of the court below is not only deemed to belong to the reasonable scope of discretion, but also there is a change in the conditions of the sentencing when the judgment of the court below was made in the trial of the party concerned, in full view of the various matters that are the conditions of the sentencing (the crime during the period of repeated crime, the seizure of forged number plates, the repetition of the same kind of crimes, etc. after being seized) and the sentencing

Considering the fact that it cannot be seen, the lower court’s sentence is too unreasonable due to the fact that the Defendant’s above assertion is without merit.

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

However, there is also a conceptual concurrence between the crime of forging air traffic and the crime of violating the Automobile Management Act by using forged registration number plates.

It is reasonable to see that the part related to the application of the law of the court below is omitted by mistake. As such, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the ex officio of the court below's application of the law of the court below, "interconnection between trade names" located within the overall title of "1. Commercial concurrence" part of the application of the law of the court below, and "between the crime of franchising air and the crime of violating the Automobile Management Act by the use of a registration number plate" and "serious" shall be added to "the heavier" and "the heavier" shall be corrected to delete "the crime of franchising air (excluding the crime of franchis

참조조문

-형사소송규칙 제25조 제1항

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