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(영문) 대구지방법원 2015.11.12 2015노3429
공문서부정행사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment, 10 months of probation, 2 years of probation, 120 hours of community service order, 40 hours of order to attend a compliance driving course) of the lower court is deemed to be too uneasible and unfair.

2. The judgment of the Defendant, when the Defendant was under control while drinking and driving without a license, said crime was fluent by presenting another person’s identification card to the police officer, such as hiding his/her personal information, driving another person’s personal information, etc., and committing such crime using another person’s identification card, etc.

Even before the crime of this case was committed, considering the fact that the defendant committed the crime of this case even before the crime of this case, it is necessary to punish the defendant strictly.

However, the defendant's perception of the crime of this case is against depth, and there is no record of criminal punishment heavier than suspended execution.

In addition, examining the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the records and arguments of this case, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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

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