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(영문) 대구지방법원 2017.04.28 2016노3408
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to KRW 300,000) is too unreasonable.

2. A favorable circumstance is that the Defendant, who led to the confession of the instant crime, reflects the mistake, the Defendant did not have the same criminal records and did not have any criminal records exceeding the fine, and the Defendant appears to have restored the part of the wall of the vehicle to its original state, etc.

However, the court below seems to have sentenced a fine reduced than a summary order in consideration of the already favorable circumstances of the defendant, and there is no change in circumstances to change the punishment prescribed by the court below.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.

3. In conclusion, 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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