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(영문) 서울동부지방법원 2014.07.10 2014노296

공문서변조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor’s appellate brief of the reasoning of the appeal is unreasonable because the sentence of the court below (one year of imprisonment with prison labor, three years of probation, two years of probation, two hundred hours of community service order, and confiscation) is too uneased.

2. Although the degree of injury to the victim F is significant, there was no smooth agreement with the victim until the trial was held, and the crime of each of the crimes of this case was committed in a knife and flag, such as flaging the resident registration number in the name of the defendant and flaging the resident registration number in a knife and flag.

On the other hand, however, the fact that all of the crimes of this case are recognized by the defendant, that there is no particular criminal history against the defendant, that the defendant still has been ageed as 19, that the defendant made efforts to recover from damage, such as deposit in addition to KRW 3,573,440 for the victim F when the defendant was in a trial, that the financial situation of the defendant is not good, and that the defendant does not seem to be good, and that the health condition of the defendant is not good, such as the medical history of surgery, and that all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character, character, environment, family relationship, etc., it is not recognized that the court below's punishment is too unjustifiable and unfair. Thus, the prosecutor's assertion of unfair sentencing is rejected.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.