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(영문) 인천지방법원 2018.10.25 2018노2893
공무상표시무효등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because it is too unfasible to the punishment (eight months of imprisonment).

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Each of the instant crimes is not good in light of the circumstances and methods of the instant crime, the degree of damage, etc. In particular, in the case of the instant fraud, it is recognized that: (a) the Defendant acquired, by using a lease contract, etc., prepared by the Defendant, etc., which was prepared by the normal lessee by taking advantage of the lease contract, etc., prepared by the Defendant, which was prepared by the normal lessee under the proposal of the lending hub, the said crime is deemed to be committed in a case where the purpose of the aforementioned lending system is eliminated, and thus, it is necessary to punish the ordinary people who need actual loans by excluding benefits therefrom; and (b) thereby, (c) thereby, it is necessary to punish them accordingly.

However, it seems that the defendant recognized the entire crime of this case and took part in the crime of this case, the victim company and the victim company of the crime of interference with the exercise of the right agreed to recover and smoothly at the original instance stage, the defendant's failure to report properly in the course of the crime of invalidation of the indication of official duties, which caused the defendant's failure to report at the location of the seized movable property, and in the case of seized movable property, the defendant has been in custody up to now, and in the case of seized movable property, the defendant did not refuse to receive any proposal related to the crime of this case from blorder in the situation where urgency is needed due to the lack of economic situation, and the actual profits that the defendant acquired are far less than the above amount of damage, and there is no record of criminal punishment except for those sentenced twice by drinking driving.

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