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(영문) 인천지방법원 2015.08.21 2015노2286
공문서변조등
Text

The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In full view of the circumstances that the Defendant led to the instant crime, the Defendant’s confession and reflects the instant crime, the partial recovery of the damage caused by the instant crime, the Defendant’s failure to have any record of criminal punishment, etc., in light of the circumstances and contents of the instant crime, or the fact that the nature of the instant crime is bad, and the amount of damage is equal to KRW 90,000,000,000, and most of the damage is not recovered, and other factors of sentencing as indicated in the records and arguments, such as the Defendant’s age, character, environment, conditions before and after the instant crime, etc., the lower court’s sentence against the Defendant is too unreasonable.

3. The application for judgment on the application for a compensation order shall be filed with the court in which the relevant criminal case is pending until the closing of argument in the public trial (Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the record, the application for a compensation order filed by the applicant for compensation of the instant case on August 7, 2015, which was filed on or after August 7, 2015, when the pleading has been concluded

4. If so, the defendant's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application of the applicant for compensation is dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per

However, in the application of the law of the court below, the term "the pertinent Article of the Act and the choice of the punishment for 1. Criminal facts" is "the alteration of the official document" under Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 225 of the Criminal Act, Article 229 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 225 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 25 (1) of the Rules on Criminal Procedure, so it is apparent that the term "the choice of imprisonment" is a clerical error.

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