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(영문) 대전지방법원 2014.06.25 2013노3093

공전자기록등위작등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.

Judgment

A favorable circumstance is that the defendant reflects his mistake, returns all the amount of the embezzlement damage of this case, the defendant's circumstances leading to the crime of this case because the economic situation is not good, and the first offender is the first offender.

However, the crime of this case was committed by the defendant, who is a public official of the Daejeon Police Station C, without showing an example to others, and instead, embezzled money by means of forging and exercising official electronic records related to his own duties. From May 17, 2007 to December 18, 2009, the crime of this case was committed continuously over 46 times during 2 years and 7 months from December 17, 2007, and the quality of the crime is inferior, and the defendant is deemed to have a higher possibility of criticism as a public official in direct charge of the payment of remuneration, and there is no change in circumstances at the time of the trial, and taking into account all other circumstances that form the conditions of the sentencing of this case as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, the punishment of the court below determined by considering all favorable reasons for sentencing of the defendant is too unreasonable. Therefore, the above defendant's assertion is without merit

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.