logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.10 2017노1209
공정증서원본불실기재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (6,000,000 won) is too unfased.

2. In our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is to include false facts in the fair deed in the process of securing the right of management, and the criminal liability is not easy in that the Defendant’s exercise of that right has significantly undermined the public credit in the fair deed, and there are many criminal records including the same crime.

However, in the trial of the defendant, the defendant recognized the crime of this case, and there are some circumstances to consider the circumstances leading to the crime of this case due to uncertainty on the relationship of stock ownership of the stock company of this case and the validity of the previous registration of executive officers.

The defendant was dismissed on June 2015, and the registration of his dismissal was completed.

In light of all the above circumstances, the lower court appears to have determined the sentence against the Defendant, and there is no special circumstance or change in circumstances that could be newly considered after the sentence of the lower judgment.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition (Article 299 of the Criminal Act on the last page 4 of the judgment below).

arrow