beta
(영문) 창원지방법원 2014.06.12 2014노47

사기미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution for one year of imprisonment and two hundred hours of community service) is too unhued and unreasonable.

2. The crime of this case is not only infringing the safety and credit of transaction of private documents, but also the crime of deceiving the court in the trial procedure to receive property is not less complicated. In particular, the defendant submitted a false confirmation document prepared by himself in the civil trial procedure as evidence, and the documents altered by filing an appeal even after having been ruled against the court of the first instance, etc. are not true, and the defendant seems to have suffered considerable mental suffering due to the defendant's crime, such as denying the crime in the course of investigation by the defendant's employees and the person who has been forged, etc. being investigated by the investigative agency on several occasions.

However, taking into account the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) the Defendant agreed to pay a certain amount to the victim and the victim; (c) the Defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment, other than the fine history on several occasions; and (d) the Defendant has no special circumstances or circumstances that may newly be considered in sentencing after the sentence of the lower judgment was rendered; and (c) the Defendant’s age, character and behavior, environment, motive and background of the offense, means and method of the offense; and (d) other circumstances that form the conditions for sentencing as indicated in the instant pleadings and records, such as the circumstances after the crime was committed, it is not recognized that the sentence that

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.