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(영문) 서울북부지방법원 2016.01.22 2015노1666
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) on the summary of the grounds of appeal is too unfased and unreasonable.

2. In light of the fact that the crime of this case was committed on five occasions by the Defendant in operation of the odometer, which caused damage to the fair trade order of the automobile market, and may cause an accident to the future due to the breakdown of a motor vehicle, the liability for the crime of this case is not easy. The fact that the Defendant committed the crime of this case on or around November 201, 2013, despite the fact that there was a history of punishment of a fine due to the crime of this case, the Defendant committed the crime of this case, which is disadvantageous to the Defendant, is recognized and against the Defendant. Meanwhile, the Defendant generally recognized the crime of this case, while it appears that there is no significant amount of profit gained by the Defendant from the crime of this case, it appears that there was no record of the crime exceeding a fine, and that there is no record of the crime of this case, it appears that the Defendant had an opportunity to care for his mistake through detention over five months at the lower court, and it is unreasonable to determine that the Defendant’s age, sexual behavior, environment, the process and consequence of the crime of this case, and the circumstances after the crime.

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

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