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(영문) 대전지방법원 2015.08.13 2015노1431
공문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 80 hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant uses a test report of a public institution by forging and using the test report of a public institution in order to supply a product that falls short of the test result standard, and where the crime of this case is repeated several times to cause damage to the damaged company, and where it seems that the damage recovery has not yet been fully performed, etc.

However, in full view of the facts that the defendant confessions all of the crimes of this case and reflects his mistake, the defendant deposited KRW 29 million for the recovery of damage caused by the victim's South East and South East Korea Development Corporation, and the company belonging to the defendant for the recovery of damage caused by re-supply of parts for the victim's South East and North Korea Development Corporation, the defendant seems to have been recovered from damage by re-supply of parts; the defendant is the first offender with no criminal records; the defendant committed the crime of this case for the company to which the defendant belongs; there seems to be little profits acquired by himself due to the crime of this case for the defendant; the defendant has a family member to support the defendant; there seems to be clear social ties relationship between the defendant, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and the sentencing guidelines for the enactment of the Sentencing Committee, etc., 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 as it is without merit. It is so decided as per Disposition.

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