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(영문) 대구지방법원 2014.11.07 2014노3375
자동차관리법위반
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for August, Defendant B: Imprisonment for August, and confiscation) declared by the court below against the Defendants is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on Defendant B is too unhued and unfair.

2. Determination

A. It is recognized that Defendant A’s purchase and sale of a motor vehicle without the registration of the motor vehicle management business, such as the instant crime, without the registration of the motor vehicle management business, is beyond merely undermining the efficiency of the motor vehicle management business, and there is a need to strictly punish Defendant A’s appeal in that it is highly likely for many victims to become a masse by abusing the vehicle as a means of crime or tax evasion, etc., and that there is a need to strictly punish the vehicle in light of the fact that the act of purchasing and selling a motor vehicle without the registration of the motor vehicle management business over 67 times in total for over one year, such as selling and purchasing the motor vehicle, without the registration of the motor vehicle management business, and in light of the transaction period, frequency, transaction amount, business size, and the fact that the Defendant had a previous criminal record at several times.

However, in light of the following circumstances: (a) the Defendant led to the confession of the crime for a period of two months; (b) the Defendant appears to have been under the awareness of illegality regarding the instant crime; (c) the Defendant has no criminal record for the same kind of crime; and (d) the Defendant actively cooperated in the investigation; and (c) other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and (d) the circumstances after the crime, the sentence imposed by the lower court against the said Defendant is somewhat unreasonable.

Therefore, the defendant A's above assertion is justified.

B. Defendant B’s appeal and the Prosecutor’s appeal against Defendant B

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