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(영문) 부산지방법원 2018.11.08 2018노3201
자동차관리법위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The sentence of the lower court (the imprisonment of six months and the suspension of the execution of two years, and the community service order of 80 hours) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is found to be disadvantageous to the defendant, such as the defendant's vehicle dismantling facilities and equipment without registering the vehicle dismantling business to the competent authority, and the defendant's vehicle dismantling facilities and equipment installed with 929 automobile dismantling facilities and then exported automobile parts to conduct automobile dismantling business. In light of the criminal facts, the criminal liability is heavy, the criminal period of the defendant's crime is considerably less than four years, and the criminal records of the defendant have the same kind of criminal records.

However, it is recognized that the punishment of the court below against the defendant is unfair because it is too unreasonable, considering the following circumstances: (a) the defendant led to the confession of the crime in this case; (b) the defendant has no record of committing a crime exceeding the fine; (c) the defendant has removed all motor vehicle dismantling facilities and equipment in this case; (d) the defendant has completed registration with the competent authority in this case; and (e) the motor vehicle has been dismantled in M; (e) the defendant has a family to support the defendant; and (e) the defendant has a relatively obvious social relation, such as his wife's desire to have a prior wife against the defendant; and (e) the defendant's age, sexual behavior, and environment, which are the conditions for sentencing as shown in the argument

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

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

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