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(영문) 대전지방법원 2015.11.04 2015노2254
공정증서원본불실기재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. As if the Defendant assumed debt, the fact that the Defendant completed the registration of creation of a false mortgage by pretending to bear the liability, and that the crime is not good, is disadvantageous to the Defendant.

However, the fact that the confession of the instant crime and the establishment registration of a neighboring mortgage, which was completed for the instant crime, was already cancelled by the Defendant on January 25, 2010, and that there was no specific criminal power in addition to the fact that the establishment registration was completed for the instant crime, was revoked by the Defendant on January 25, 2010, and was punished once by a fine

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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