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(영문) 서울동부지방법원 2013.08.29 2013노820

사서명위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the court below against the defendant is too unreasonable.

2. The judgment of the defendant is against all the crime of this case, and the crime of this case is committed on September 26, 2012 by the defendant who was sentenced to imprisonment of one year and six months at the Seoul East Eastern District Court on February 14, 2013 and the latter concurrent crime of Article 37 of the Criminal Act, and the defendant has a relation of violation of the Punishment of Violences, etc. Act (Habitual Bribery) which became final and conclusive on February 14, 2013 and the latter concurrent crime of Article 37 of the Criminal Act. The defendant has a child who has been born for ten months since his/her birth with his/her mother and his/her wife are the most likely to be responsible for his/her family's livelihood, such as having the mother actually rear his/her mother.

However, when the defendant was arrested as an offender in the act of violence and transferred to the H District Unit of the Songpa Police Station after the issue of dispute with Co-defendant A of the court below, the crime of this case was committed by forging the signature of I by stating "I" in the certificate of arrest of flagrant offender in order to conceal the fact of his fine, and using the certificate of arrest of a flagrant offender so forged. This is an act of disturbing the judicial agency and strict criminal punishment order, and thus, the nature of the crime is not weak, and the defendant has a record of criminal punishment such as imprisonment and fine, etc., such as all kinds of imprisonment with prison labor and fines, etc., including the criminal records of violence, and other various circumstances, such as the motive and background of the crime of this case, the defendant's age, character and conduct, and environment, etc., it cannot be deemed that the sentence of the court below is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.