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(영문) 대구지방법원 2014.08.21 2014노1918
자동차관리법위반
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the prosecutor’s defendants were in the previous course and the crime is bad, the sentence (the imprisonment of 10 months for the defendants A, the suspension of the execution of 8 months for the defendants B, and the community service work of 200 hours for the defendants) that the court below sentenced the defendants is unfair because it is too unfasible.

B. In light of the fact that Defendant A is against the Defendant, the sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment and the Defendant’s argument on unreasonable sentencing.

As the period of the instant crime is long and the number of crimes is high, the quality of the Defendants is not good, and both the Defendants have criminal records of the same kind, and in particular, Defendant A has three times of punishment for violating the Automobile Management Act, etc., are disadvantageous to the Defendant.

However, the Defendants recognized all of the instant crimes and opposed to the fact that Defendant A led to the instant crimes, and Defendant B appears to have committed an act by receiving daily allowances from Defendant A from around December 2010, and there is a difference in the degree of his participation in the instant crimes, etc. in favor of the Defendants.

In full view of such circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings, it cannot be deemed that the sentence imposed by the lower court is too weak or unreasonable.

Therefore, prosecutor and Defendant A’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant A is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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