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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.11.19 2015노3652
증거위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Although the judgment on the grounds of appeal in light of the form of the instant crime and the violation of the State’s function arising therefrom, etc., it appears that the court below determined the punishment in light of all such factors. However, there are no special circumstances to change the sentence. On the other hand, the Defendant did not have any record of criminal punishment; the amount of the insurance benefits paid unlawfully is a small amount; the Defendant’s age, character and behavior, career, environment, motive, means and consequence of the instant crime; and other circumstances indicated in the records and arguments, such as the circumstances after the crime, are determined within a reasonable and appropriate scope, and the sentencing of the court below is not determined as unjust.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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