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(영문) 울산지방법원 2016.12.08 2016노1336
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and eight hours of social service) declared by the court below is too unfased and unreasonable.

2. Each of the instant crimes committed by the Defendant, while voluntarily accompanied by a police box, informing a police officer requesting personal information of another person’s resident registration number, undergo an investigation by the police, and complete another person’s written statement under the name of the police, and sign the other person on a written confirmation of the investigation process, etc. In light of the content, circumstance, etc. of the instant crime, the crime

However, considering the fact that the defendant has recognized his/her mistake and reflects against the defendant, the fact that the defendant has no previous conviction, and the various sentencing conditions shown in the records and arguments, such as the age, character and conduct and environment of the defendant, and circumstances after the crime, the scope of recommendations according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court (at least six months of imprisonment) and the basic area (at least six months of imprisonment), such as forgery, alteration, etc. of private documents [the scope of recommendations] of the basic area (at least six to two years of imprisonment) of category 1 (the forgery, alteration, etc. of private documents) (the scope of recommendations], the scope of recommendations according to the criteria for handling multiple crimes: Imprisonment for at least six months (at the lowest limit of the recommended range of the crime of aiding private documents and the crime of uttering of private documents because the sentencing guidelines was not set for the crime).

Therefore, prosecutor's assertion is without merit.

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.

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