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(영문) 광주지방법원 2016.01.26 2015노2667
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service work hours of one hundred and sixty hours) is deemed to be too uneasy and unfair.

2. In full view of the elements of unfavorable sentencing, such as the submission of forged documents to the victim as evidence during a divorce lawsuit with the victim, the failure to recover damage, and the fact that the defendant did not reflect the crime up to the judgment of the court, the elements of favorable sentencing, such as the fact that the defendant has no record of criminal punishment for the same kind of crime, and the economic circumstances are not good, other circumstances that form the conditions of sentencing as indicated in the records and theories of this case, such as the defendant’s age, sex, environment, means and consequence, and the scope of the recommended sentence guidelines (from June to two years), and the scope of the recommended sentence guidelines (Article 6 to six years), it does not seem that the court’s sentence against the defendant is too unjustifiable and unfair.

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

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