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(영문) 부산고등법원 2016.10.20 2016노418

허위진단서작성등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below against the defendants (the defendant A: imprisonment of one year and six months, the additional collection of 49.1 million won, the imprisonment of one year and two months, the additional collection of 52.8 million won, the imprisonment of one year and two months, the additional collection of 5.2 million won, the defendant C: imprisonment of one year, the additional collection of 4.4 million won, the fine of 10 million won, and the additional collection of 4 million won) is too unreasonable.

2. Although there are no circumstances to consider the Defendants’ recognition of all of the instant crimes and statement that the Defendants’ mistake is divided, and the Defendants’ family members and branch members want to take advantage of the Defendants’ desire to take the Defendants, each of the instant crimes committed by the Defendants was committed by the Defendants in collusion with the co-defendants of the lower court in order with the Defendants to prepare a false medical certificate necessary for the transfer of a private taxi transport business license under the same circumstances as the facts stated in the lower judgment, and submit a false medical certificate to public officials in charge, thereby hindering public officials from performing their duties concerning the transfer and authorization of a private taxi transport business license by submitting the medical certificate prepared in falsity to public officials in charge, and the nature of the crime is very significant in light of the motive, background

In addition, there is a high possibility of criticism in that the Defendants were committing the instant crime in a planned and organized manner, and Defendant A committed the instant crime in the process of the instant crime, which committed some of the instant crimes during the period of repeated crimes, under the name of the case where false diagnosis is issued. Defendant B and G committed some of the instant crimes during the period of repeated crimes, and Defendant B committed some of the instant crimes. Defendant B and Defendant B committed the instant crimes prior to the instant crime.