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(영문) 제주지방법원 2014.08.21 2014노269

사기등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence of eight months by imprisonment for each of the defendants A and B, the suspended sentence of six months by imprisonment for each of the defendants C: the suspended sentence of six months by imprisonment) against the defendants is too un

2. The crime of this case, which is a public official of Grade V in local administration, is deemed to have been provided with excessive work allowances based on the order of the Defendants to enter his/her subordinate workers into and out of his/her country, and is not good in light of the Criminal Procedure Act and the frequency of the crimes. However, the Defendants were in the position of the public official for more than 30 years and faithfully served, the Defendants paid the total amount of overtime work allowances received by the Defendants and additional dues thereto, Defendant A, and C were first offenders, and Defendant B had no record of criminal punishment except for those punished once sentenced to a fine on December 1984 due to the violation of the Illegal Check Control Act. In full view of various circumstances, the lower court’s punishment against the Defendants is too unreasonable, taking into account the following factors: the Defendants’ age, character and behavior, environment, motive and circumstance leading to the instant crime, and the situation before and after the instant crime.

3. In conclusion, all appeals against the Defendants by the prosecutor under Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.