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(영문) 대구지방법원 2015.01.30 2014노4535
자동차관리법위반
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. It is recognized that the act of purchasing, selling, arranging, etc. a motor vehicle without registration of the motor vehicle management business as in the instant crime, such as the instant crime, is not merely an act of undermining the efficiency of the motor vehicle management business, but also undermining transaction and distribution order of a motor vehicle, and the act of purchasing, selling, arranging, etc. a motor vehicle is not only an act of undermining the efficiency of the motor vehicle management business, but also an act of undermining the flow of a motor vehicle, and the act of using such large-sized vehicle as a means of crime, tax evasion, etc. is not less than the criminal liability of the Defendant

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant’s confession of the instant crime and life under confinement for about four months; (b) the Defendant appears to have low awareness of illegality as to the instant crime; (c) the Defendant did not have the same criminal record; and (d) the Defendant appears to have no gross profits from the instant crime; and (e) the Defendant appears to have no significant profits from the instant crime.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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