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(영문) 창원지방법원 2016.08.18 2015노2085 (1)
공문서위조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended execution, observation of protection, and confiscation in the six months of imprisonment) is too unfased and unreasonable.

2. In full view of the following facts: (a) the Defendant’s crime of forging a foreigner registration certificate and impairing the social trust in the official document is deemed to be inferior; (b) the Defendant recognized the instant crime; (c) there is no record of criminal punishment; (d) the Defendant did not directly forge the instant crime; (c) the forged foreigner registration certificate was seized and not actually used in the course of delivery; and (d) other matters concerning the sentencing as indicated in the Defendant’s age, sex behavior, environment, motive and background of the crime, means and method of the crime; (e) circumstances after the crime was committed; and (e) the records and changes of the instant case, the Prosecutor’s 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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