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(영문) 대전지방법원 2015.10.08 2015노907

사문서위조등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. In light of the circumstances leading up to the instant crime, etc., the Defendant’s liability for the crime is not against the law, and the victim continuously desires to punish the Defendant.

However, in full view of the following facts: (a) the Defendant acknowledges all criminal facts; (b) reflects his mistake; (c) the actual Defendant is deemed to have no benefit obtained by the instant crime; (d) the equity between the case where the judgment was rendered simultaneously with the crime of attempted fraud for which judgment became final and conclusive; (c) the instant crime and the crime of attempted fraud have been punished three times before the crime was committed; and (d) the fact that there was no record of the same crime; and (e) other various sentencing conditions, including the Defendant’s age, motive, means and consequence, and circumstances after the crime, it is not recognized that the sentence of the lower

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.