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(영문) 전주지방법원 2016.06.10 2016노442

공문서변조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. Determination is the circumstances favorable to the Defendant that the Defendant recognized the instant crime and reflects the mistake in depth, and that the health status is not good due to the 5th degree of brain-disease disorder.

On the other hand, the crime of this case is responsible for and paid the installment of the loan if the defendant can borrow the loan and purchase the vehicle in the name of the victims.

The fact that the victims acquired financial profits equivalent to KRW 23,300,000 by means of borrowing money by the debtor, and the fact that the victim D's driver's license is altered or used in the process, and the nature and crime of the crime is very significant, and the defendant was sentenced to the suspension of the execution of imprisonment for 8 months at the Jeonju District Court on February 16, 2012 and was sentenced to the suspension of the execution of the execution of private document forgery, etc., but he was not aware of it during the suspension of the execution of the execution of the sentence, and the damage amount to the fraudulent crime is the maximum amount, and the damage amount to the fraudulent crime was not restored until the trial of the party.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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. It is so decided as per Disposition.