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(영문) 부산지방법원 2016.05.20 2016노561
사문서위조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment of the original judgment (ten months of imprisonment) on the summary of the reasons for appeal, the defendant is too unfasible, and the prosecutor is too unfased and unfair.

2. Although the Defendant was punished four times or more due to drinking or refusing to measure drinking, etc., each of the instant crimes was repeated. When the Defendant was found to have been drunk due to drinking, the Defendant attempted to conceal the facts of crime by stealing the personal information of the same student D, etc., which is disadvantageous to the Defendant.

However, the fact that the defendant reflects the defendant's mistake in depth, that the defendant voluntarily surrenders to the defendant by making a false report because it has not been much much time, and that the alcohol concentration among bloods at the time of drinking driving is 0.061% (the crime committed on August 27, 2015) and 0.088% (the crime committed on October 13, 2015) and that the driving distance is not 1 km (the crime committed on August 27, 2015) and 100m (the crime committed on October 13, 2015) are favorable to the defendant.

In full view of such circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, the background and motive leading up to the instant crime, and all other factors pertaining to the sentencing as indicated in the instant records and arguments, it does not seem that the lower judgment’s punishment is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

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

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