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(영문) 대구지방법원 2015.06.11 2014노3308
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued

2. Each of the instant crimes committed by stealing the name of a foreigner and distributing the pre-phone via the pre-phone as an element of the crime. The crime is not bad, the Defendant’s act committed a serious social damage, such as the misappropriation of personal information and the distribution of multiple phiphones used for various crimes, and the fact that the period for committing the crime is not shorter than the period is disadvantageous to the Defendant.

On the other hand, the defendant recognized each of the crimes of this case and reflected the mistake in depth through a prison life for about 70 days, and seems to have relatively high volume of volume of spophone (74) sold by the defendant and profits therefrom, and the fact that the defendant is the first offender is favorable to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Crimes of forging private documents [Determination of types] There are no types 1 (Forgery, Alteration, etc. of Private Documents) (No person who is a special person] (Scope of recommendations]: Imprisonment with prison labor for up to six months and two years;

(b) The basic area where there is no type 1 (a person who forges, alters, etc. of private documents) (a person who is a special person) (the scope of a recommendation) (the scope of a recommendation): Imprisonment with prison labor for not less than six months nor more than two years;

(c) No sentencing criteria for a violation of the Telecommunications Business Act are set;

2. The handling of multiple crimes [basic crimes] / [processing] the uttering of a falsified document / [competence] / 1/2 of the recommended sentence limit of the second crime from six months to six months of imprisonment, the recommended sentence limit of the second crime, and the former part of Article 37 of the Criminal Act between the crimes for which the sentencing guidelines are set and the crimes for which the sentencing guidelines are not set. As such, the lower limit

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