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(영문) 전주지방법원 2013.09.13 2013노724
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) declared by the court below is too unfasible.

2. The crime of this case is deemed to have been committed by the defendant as a village head by forging and using a written consent from the head of several hundreds of the society with regard to the construction of a facility for jointly creating livestock excreta, in which the interests of residents are sharply conflicting, and the nature and circumstances of the crime are not easy, but the defendant did not reach an agreement with a considerable number of those who have been forged. However, the defendant is the first offender who is aged and has no previous criminal record, and the defendant recognizes the crime of this case and seriously reflects his/her mistake, and some those who have been partially counterfeited do not want to be punished against the defendant, and other circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and conduct, environment, family relationship, etc., are considered to be unfair, and the prosecutor's above 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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