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(영문) 광주지방법원 2018.01.25 2016노920
사문서위조등
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants of the public prosecutor (the Defendant A’s imprisonment for two years of suspension of execution, observation of protection, community service, lecture attendance order, and Defendant B’s fine of three million won) is too unfluent and unreasonable.

(c)

Defendant

B The sentence of the lower court is too unreasonable.

2. Each of the crimes of this case listed on the board is that Defendant A was subject to the control by driving under the influence of alcohol or without a license, and Defendant B was present at the police station and made Defendant A escape by preparing a false statement, etc. In light of the circumstances and contents of the crime, it is very poor that Defendant A had been punished for driving under drinking, and Defendant A was engaged in driving under the influence of alcohol or without a license for driving under the influence of alcohol. The fact that Defendant A was punished for driving under the influence of alcohol at least three times, and that Defendant A was engaged in driving under the influence of alcohol or without a license for driving under the influence of alcohol.

However, the lower court’s punishment against the Defendants is reasonable in full view of the following: (a) the Defendants reflects the Defendants’ mistake in depth; (b) the first offender who has no record of criminal punishment; and (c) the favorable circumstances, such as the Defendants’ age, sexual conduct, environment, family relationship, and circumstances after the crime; and (d) other various sentencing conditions specified in the instant records and arguments.

3. The conclusion prosecutor and the defendant B’s appeal are all groundless, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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