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(영문) 대전지방법원 2015.05.29 2014노2411
주민등록법위반등
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The lower court’s sentencing (for Defendant A: six months of imprisonment; two years of suspended sentence; five months of suspended sentence; two years of suspended sentence; two years of suspended sentence; Defendant C: imprisonment with prison labor for four months; two years of suspended sentence); and two years of suspended sentence for two years) against the Defendants in the public prosecutor’s office

2. Determination

A. The act of failing to file an application for the registration of transfer of the ownership of a motor vehicle by purchasing so-called “large-sized vehicle” is not only a violation of the Automobile Management Act in itself, but also a violation of the State’s vehicle management, such as the imposition of fines for negligence, the collection of automobile tax, etc., the increase in the operation of a non-insurance motor vehicle, thereby promoting various criminal acts, and the Defendants were both previous and the Defendants committed crimes during the period of suspension of execution.

B. However, there are extenuating circumstances, such as: (a) the Defendants are not subject to both punishment and the confession of crimes; (b) the Defendant C is in a minor degree of participation; and (c) there are children who are students to support the Defendants.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions in the instant case, including the Defendants’ age, economic situation, health condition, living environment, details and result of the crime, and the circumstances after the crime.

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

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