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(영문) 서울서부지방법원 2016.11.10 2016노1141

공문서부정행사등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the crime and reflects the mistake; (b) the payment of or agreement on the amount of damage to most victims; (c) the victim’s response to the Defendant’s guidance; and (d) there is no record of criminal punishment; (b) the instant crime is planned and repeated; and (c) the victim is also a large number of victims; and (d) the forgery, forgery, and use of private documents or prior records for the crime of fraud, which are disadvantageous to the Defendant.

In addition, comprehensively taking account of the defendant's age, career, character and conduct, environment, motive for the crime of this case, circumstances after the crime, etc., the sentence of the court below is deemed appropriate, and it is not deemed that the sentence is too less light or too unreasonable.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

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