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(영문) 전주지방법원 2013.10.25 2013노750

공문서변조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The judgment of the defendant has the record of being punished several times for the same crime, and the crime of this case was committed by deceiving the victim as if the defendant were to be used as litigation costs for the victim, by deceiving the victim several times, and by deceiving the money from the victim, and demanding the return of the money acquired through deception from the victim as above, the crime was committed by altering one copy of the official document, which is an official document, in order to provide the above money as security for the repayment obligation, and the crime was committed and the crime is very poor.

However, in full view of the following circumstances: (a) the Defendant has been making efforts to recover damage, such as returning a part of the funds obtained by the Defendant to the victim and depositing a considerable amount for the victim; (b) the Defendant recognized the instant crime and seriously reflects his/her mistake; and (c) other various circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the Defendant’s punishment imposed by the lower court is too uneasible and unreasonable. Therefore, the Prosecutor’

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