beta
(영문) 인천지방법원 2016.05.04 2016노798

공기호부정사용등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable, even if there is no change in circumstances that could consider the sentencing after the judgment of the lower court, and the sentencing conditions as shown in the instant records and arguments are compared with the reasons for sentencing.

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

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the judgment of the court below shall be corrected as follows:

Article 12 subparag. 1 of the judgment of the court below provides that “No. 4” shall be deemed to be “No. 2,” and “No. 14 and 15 of the judgment of the court below. The portion of the certificate of deposit transaction performance in the police interrogation protocol dated September 10, 2015” shall be deemed to be “No. 12 of the judgment of the court below, No. 238(1) and 30(2) of the Criminal Act, No. 4 of the Criminal Act, No. 31 of the Criminal Act, No. 21 of the judgment of the court below, No. 3 of the court below, No. 4 of the Criminal Act (the illegal use of official marks), No. 238(2) and (1), No. 30 of the Criminal Act, No. 2 of the Criminal Act (the selective use of official marks), and No. 30 of the Criminal Act, and No. 4 of the Criminal Act. 7 of the judgment of the court below.