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(영문) 광주지방법원 2019.07.04 2018노3387

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance that the Defendant forged a private document immediately after parole and uses a forged private document during the period of repeated crime, and that there is a record of punishment for forging a private document and using a forged private document in the past.

On the other hand, the fact that the defendant reflects his mistake, that the defendant agreed with the victim at the investigation stage, and that the defendant does not seem to have committed the forgery for the purpose of using it for other crimes such as fraud, etc. is more favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.