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(영문) 전주지방법원 2013.12.27 2013노1135

공기호위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment, two years of suspended sentence, two thousand won of fine, and probation) is too unreasonable in light of all the sentencing conditions in the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as a favorable circumstance such as the fact that the defendant recognized all of the crimes of this case and divided in depth, the defendant's economic situation is not good, and the benefit gained from the crime of this case is insignificant.

However, the crime of this case is committed by forging and exercising the sign board of a fishing vessel, which is an air defenseer, without reporting entry and departure ports, and without permission, and the nature of the crime and the criminal situation are not good. Notwithstanding the fact that the defendant was punished as a fine for the same crime six times in spite of the fact that the defendant had been punished as a fine for the same crime, the defendant committed the crime of this case repeatedly, and in full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus,

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, Article 62 (1) of the Criminal Act shall be amended to "Article 62 (1) and (2) of the Criminal Act" in Part 3 of the judgment of the court below.