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(영문) 대구지방법원 2015.02.04 2014노2648
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 3 years of suspended execution, 200 hours of community service) imposed by the lower court is deemed to be too uneasible and unfair.

2. The act of purchasing, selling, offering good offices for the purchase of, or offering of, a motor vehicle without the registration of the motor vehicle management business, such as the crime of violating the Motor Vehicle Management Act, is beyond simply impairing the efficiency of the motor vehicle management business, and not undermining transaction and distribution order of the motor vehicle, and there is a need to strictly punish a large number of victims as it is abused as a means of crime, tax evasion, etc., and it is recognized that there is a considerable number of times the defendant purchased or sold a motor vehicle without the registration of the motor vehicle management business without the registration of the motor vehicle management business, and that the business period runs up to a long period.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the Defendant did not have any history of criminal punishment; (c) the Defendant appears to have committed the instant crime while dealing in motor vehicle transaction business together with P, which is the captain; (d) the degree of participation is relatively minor compared to P; and (e) the Defendant’s age, character and conduct, environment, motive, means and method of the instant crime; and (e) the circumstances surrounding the sentencing conditions, such as the motive, method and method of the instant crime; and (e) the punishment imposed by the lower

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the judgment of the court below in the context of application of the laws and regulations is the Automobile Management Act (Act No. 12146, Dec. 30, 2013).

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