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(영문) 대구지방법원 2015.08.21 2015노2513
공무상표시무효등
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the Defendants (four months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. As to the prosecutor's judgment and the defendant's respective arguments, the defendants were examined in the first instance court, and they were against the defendant's confession of the crime of this case, the defendant A was the first criminal without any criminal power, and there is no same criminal power in the defendant Eul and the defendant Eul appears to have completed delivery to the office of this case, on the other hand, in order to avoid compulsory execution, the defendants formed and used a false lease contract and used it in a relationship with the defendant, and the defendants were not legitimate public power, and the crime is not good. It is unfavorable to the defendant, and other unfavorable circumstances such as the defendant's age, character and environment, motive, means and result of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case including the circumstances after the crime are considered, and the prosecutor's and the defendants' assertion are all without merit.

3. In conclusion, since each appeal by the prosecutor and the Defendants is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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