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(영문) 수원지방법원 2016.07.15 2016노2129

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that there is no benefit acquired through fraud against the victim J, and that there is no previous conviction exceeding the fine since 1983 up to the date is favorable.

However, by exercising forged documents, the victims are deprived of the quality of the crime, the amount of the defraudation is not so big, and the victims are not able to return the defraudation even after a long time has passed from the date of the crime, the victims are punished, three times the criminal records of the crime of fraud, and there are three times the criminal records of imprisonment among them.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.