사문서위조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and four months of imprisonment, three years of suspended execution, and 160 hours of community service order) of the lower court is deemed to be too uneasy and unreasonable.
2. In light of the fact that the crime of this case was committed by the Defendant while driving alcohol and driving without obtaining a license, it is necessary to punish the Defendant strictly in light of the following: (a) the Defendant’s personal information was concealed by presenting his identification card to the police officer; and (b) the nature of the crime was not somewhat weak; and (c) the Defendant had a history of criminal punishment several times due to drinking driving and driving without a license.
However, in light of the following: (a) the confession of the instant crime and reflects on the Defendant; (b) the unlawful uttering of official document; (c) the act of uttering of a private signature; and (d) the investigation agency’s personal information prior to ascertaining the Defendant’s identity; (b) there is no record of criminal punishment exceeding the fine; and (c) other various sentencing conditions specified in the instant argument, including the Defendant’s age, character and conduct, family environment, etc., the sentence of the lower court is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.