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(영문) 광주지방법원 2018.10.25 2018노1561
공정증서원본불실기재등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (for defendant A, one year of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service duty, 160 hours of imprisonment, eight months of suspended execution, two years of suspended execution, one year of observation of protection, one year of community service duty, 160 hours) is too uneasy and unfair.

2. Each of the instant crimes committed by the Defendants, after establishing a false legal entity, opened an account in the name of the legal entity and transferred the access media in the name of the legal entity to D. Such crime is an unfavorable circumstance, in that it facilitates other crimes that are highly harmful to society, such as licensing and gambling.

On the other hand, there are more favorable circumstances, such as the fact that the Defendants recognized their mistake and reflect, and that the benefits acquired by the Defendants from the crime of this case do not seem to exist. Defendant A did not have any record of criminal punishment, and Defendant B did not have any record of criminal punishment other than once a fine is imposed.

In addition, comprehensively taking account of the following: the Defendants’ age, sex, environment, family relationship, and motive for committing the crime, and various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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