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(영문) 대구지방법원 2016.03.30 2015노1220
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the sentence to be suspended (the fine of KRW 1.5 million) declared by the lower court is too unfluent and unreasonable.

2. The judgment of the court below does not have the record of punishment for the same crime before the crime of this case, the fact that the defendant has not been punished for the same crime in depth, and that there are no circumstances to take into account the circumstances leading to the crime of this case, and other factors to consider the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime of this case, it cannot be acknowledged that the sentence of the court below is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the judgment of the court below is a clerical error in the “former Automobile Management Act (amended by Act No. 12986, Jan. 6, 2015)”, and thus, the correction is made ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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