(영문) 부산지방법원 2016.11.24 2016노2227 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.11.24 2016노2227

공정증서원본불실기재등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of the suspension of the execution of six months’ imprisonment; eight hours of the community service order; two years of the suspension of the execution of ten months’ imprisonment; and one hundred and sixty hours of the community service order) is too uneased and unreasonable.

2. The Defendants’ crime of this case committed against the Defendants is necessary to strictly punish the Defendants in light of the content of the crime and the method of the crime, etc., by deceiving the court by using the above notarial deed, thereby obtaining or seeking to obtain an order of seizure and assignment of claims or collection.

However, in light of the favorable circumstances, such as the Defendants’ perception of the crime of this case and the fact that the Defendants had committed the crime of this case, there was no record of criminal punishment exceeding the same kind of power or fine, the Defendants’ failure to obtain any property benefits as a result of the crime of this case, and other favorable circumstances, such as the Defendants’ age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation order filed by the applicant for compensation at the trial court is illegal since it again made the same application for compensation even though the application for compensation was rejected by the court below. Thus, it is so decided as per Disposition by the court below to dismiss it in accordance with Article 32 (4) and 32 (1) 1

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

-형사소송법 제364조 제4항

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