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(영문) 인천지방법원 2017.01.13 2016노3980
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of suspended execution, three years of probation observation, and one year and two months of imprisonment, and one hundred and sixty hours of community service order) is too unreasonable.

2. Although each of the crimes of this case was committed in a systematic and planned manner by the Defendant, each of the crimes of this case was committed by allowing the Defendant to register the acquisition of the ownership of the vehicle in an unlawful manner by pretending that the Defendant had already exported the vehicle to a foreign country, which is the registration standard for automobile rental business, and had not satisfied the number of vehicles in the Republic of Korea. In light of the circumstances and methods of the crime, etc., the crime was considerably poor in light of the fact that the crime was committed. Such crime deviates from the legislative intent of the Passenger Transport Service Act aimed at promoting public welfare by establishing order in the car rental business and promoting smooth transportation of passengers and the development of car rental business, and thus, it is inevitable to punish the Defendant accordingly. The Defendant has a history of criminal punishment for the same kind of crime prior to the instant case, and the Defendant’s age, sex, sex, environment, background, motive, means and consequence of the crime, frequency, degree of participation in the crime, degree of participation in the crime, circumstances after the crime, etc., considered too unfair punishment against the Defendant.

3. Accordingly, 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.

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