자격모용사문서작성등
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendants (unfair sentencing)’ sentence sentenced by the lower court to the Defendants (a fine of KRW 3 million, Defendant B: fine of KRW 5 million) is too unreasonable.
B. The sentence sentenced by the court below to the Defendants is too uneasible and unfair.
2. The crime of this case was committed by the Defendants with the qualification of the president and the general secretary of H clan in preparation of a claim for a real estate lease agreement and rent, and due to the crime of this case, the above clan was not paid, and the damage was not completely recovered until now.
However, there is no record of criminal punishment prior to the crime of this case after the Defendants were sentenced to a suspended sentence of one year on October 19, 1970 due to the crime of embezzlement and fabrication of private documents on October 19, 1970, and there is no record of criminal punishment prior to the crime of this case, and there is no record of criminal punishment exceeding the same criminal records or fine to Defendant B.
In addition, comprehensively taking account of the above circumstances and the Defendants’ age, sex, environment, motive, means, and consequence of the commission of the crime, the lower court’s punishment cannot be deemed to be too weak or unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, all defendants and prosecutor's arguments are rejected.
3. In conclusion, the appeal filed by the Defendants and the prosecutor is without merit and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, in the case of Article 2 of the sentence of the judgment below, the "G door" in the first sentence among the criminal facts of the judgment below is "A", "N" in the last sentence of the same face shall be "A", "626 war" in the summary of the evidence of the fourth face 4 shall be "625 War", "625 War" in the same face 14-15 of the Criminal Procedure Act shall be "H clan", and each of them shall be corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.