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(영문) 인천지방법원 2016.05.19 2015노3890
공무상표시무효
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (for four months in prison, one year in suspended sentence, eight months in prison, and two years in suspended sentence) is too unreasonable.

2. It is recognized that the Defendants led to the confession of the crime and reflects the mistake, there are circumstances to consider the background leading to the crime of this case, and that there was no record of having been sentenced to punishment exceeding the same criminal record or fine to Defendant A.

However, as in the instant crime, it does not seem unfair for the lower court to have imposed punishment too too much, in full view of the following circumstances: (a) it would hinder the State’s function of compulsory execution; (b) it is not good that it would impair the effectiveness of the indication of provisional disposition prior to the possession of real estate, which was attached by an execution officer; (c) the Defendant B was sentenced to a suspended sentence due to the same type of crime; and (d) the Defendants’ age, sex, motive, means and consequence of the instant crime; and (d) other various circumstances that

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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