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(영문) 대전지방법원 2015.12.02 2015노2539
공전자기록등위작등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (one year of imprisonment) imposed by the court below against the defendant is too unhutiled.

2. In the judgment, the Defendant, as a police officer, committed the instant crime with his/her own essential part forgotten, and the instant crime was committed by the police officer with his/her electronic records of the instant case, and the Defendant’s need for strict punishment in light of the possibility of criticism and danger of the details of the crime.

On the other hand, considering the fact that the defendant recognizes all of his criminal acts and reflects on the fact that solicitation, etc. in this case is not deemed to have been involved, the fact that the defendant seems to clearly have social ties, such as faithfully working for a considerable period of time as a police officer, and the motive of the crime in this case and the most recent circumstances that the defendant should support his family, etc., the risk of recidivism seems to be low is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

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

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