beta
(영문) 광주지방법원 2017.08.23 2017노1826

사문서위조등

Text

The defendant's appeal is dismissed.

The defendant shall pay 12,00,000 won to the applicant by fraud.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment of the defendant is recognized that his mistake is divided, and the defendant is the first offender who has no criminal history.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime of this case, the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is not reasonable, since it is not reasonable in light of the following factors: (a) the nature of the crime of this case is not good; (b) the amount of damage caused by the crime of this case is not substantial; (c) the Defendant agreed with the victim or did not recover from damage to the victim up to the trial; and (d) the Defendant’s age, sex and environment;

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the defendant's application for compensation is well-grounded, it is ordered that 12,00,000 won should be paid to the defendant by fraud to the applicant under Articles 25 (1), 31 (1), and 31 (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.