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(영문) 수원지방법원 2018.04.13 2017노8939

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized his mistake, and the defendant did not have any history of punishment; and (b) L among the nominal holders of each forged document does not want the punishment of the defendant.

Meanwhile, the crime of this case is an unfavorable circumstance to the defendant, where the defendant forged a private document for the benefit of his/her working company and used it to a public institution.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is unfair because it is too large, in light of the following circumstances, even if there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the defendant's above 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.