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(영문) 인천지방법원 2013.07.04 2013노866
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the prosecutor's assertion of unreasonable sentencing) is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment for 10 months, the suspension of execution of 2 years, and the community service order of 120 hours) is too unhu

2. The crime of this case was committed by the defendant only for the purpose of having a child enter a foreigners' school, and it was committed by requesting that the defendant enter the foreigners' school and requesting the forgery of the Sydu passport, which is a private document, although the defendant did not have any relation with him/her for the purpose of having him/her enter the foreigners' school, and the defendant did not have any intention to live as a national of that country in the future, and submitted it to the foreigners' school to interfere with the situation of entering the school, and it was acquired by requesting the forgery of the Sydu passport, which is a means to enter another foreigners' school. Thus, the second class of the society's model was committed by neglecting the nationality of the Republic of Korea, such as acquiring a foreign passport under the pretext of education of children, and by doing so, by giving equal educational opportunity as provided by the Constitution, the majority of the general public that the corrective competition takes place through the grant of equal educational opportunity, and the crime is very severe.

However, in light of the fact that the defendant's children who did not have the qualifications for admission to a foreigners' school are considered to have committed these crimes, considering the fact that the defendant's children who heard the question that students who did not have the qualifications for admission to a foreigners' school around the school will be good for them to enter the foreigners' school, and that the defendant is the mother of three children as a family head office, and has faithfully lived with them without any criminal power, due to this case, the defendant's children left school in the course of a foreigners' school and attends the general kindergarten, the degree of punishment in similar cases and all other sentencing materials that can be known in the records, the court below sentenced the defendant to the punishment.

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