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(영문) 광주지방법원 2021.02.10 2020노521

사문서위조등

Text

All appeals by the defendant are dismissed.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (the first instance court: the fine of KRW 500,000, the second instance court; the imprisonment of KRW 6 months) is too unreasonable.

2. The Court decided to hold a joint hearing of the first instance judgment that sentenced the Defendant to a fine and the second instance judgment that sentenced the imprisonment with prison labor. If the respective sentences of the lower court are different from the imprisonment with prison labor and the fine, the appellate court may maintain the respective sentences sentenced by the lower court even if the arguments were combined in the appellate court, and it does not necessarily require the sentence of the same kind of punishment.

Therefore, this court did not reverse the judgment of the court below ex officio on the ground of a consolidated hearing and separately determines the judgment below as follows.

3. Judgment on the grounds for appeal

A. The judgment of the lower court regarding the first instance judgment shows the form of recognizing and reflecting the Defendant’s crime.

The defendant has no record of being punished for the same crime, and has no record of being punished more than a fine.

However, in order to apply for housing benefits, the defendant forged a certificate of use lending and borrowing under the name of anyone or C in dispute and submitted it to the Myeon Office for use, and the crime is not good in light of the method and contents of the crime.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

B. The judgment of the court below of the second instance shows the form of recognizing and opposing the crime.

No defendant shall have been punished in excess of a fine.

However, the defendant is going to know about the difference with the victim.