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(영문) 창원지방법원 2018.08.22 2018노1015
공문서부정행사등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The abstract of grounds for appeal each sentencing (the punishment of the court below: 10 months of imprisonment, 2 years of suspended execution, and 160 hours of community service);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court, taking into account the following factors: (a) the Defendant’s illegal use of the status of K, evaded the arrest, and obstructed the execution of a fine to K; and (b) imposed a sentence by taking into account the Defendant’s age, sexual conduct, environment, motive and means of the commission of the crime, circumstances after the commission of the crime, etc.; and (c) imposed a sentence by taking into account various sentencing conditions specified in the records

(c)

The grounds for each unfair sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

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

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