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(영문) 부산지방법원 2017.03.30 2017노619

공문서변조등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Recognizing the following circumstances: (a) the Defendant recognized the instant crime and is against the nature of the Defendant; (b) there are extenuating circumstances to consider the circumstances leading up to the forgery and uttering of the instant official document; and (c) appears to have reached an agreement with the victimJ of larceny.

However, the Defendant acquired advance payment of KRW 3 million, stolen property more than KRW 2.7 million in total, and committed several offenses by altering the application form for issuance of resident registration certificates, exercising the confirmation form, and using another person's resident registration numbers unlawfully, etc. on April 2013, the Defendant was sentenced to two years of imprisonment for the same crime on the same crime, and completed the execution of the sentence on December 13, 2014, and again committed the instant crime again, and constitutes a repeated crime; the Defendant had the power to have been punished several times for the same crime, such as theft and fraud; the Defendant had the history of punishment for the forgery of documents, seals, etc.; the restoration of damage caused by the instant crime has not been completed; and the Defendant's age, environment, etc.; and the sentence imposed by the lower court is not heavy.

3. Accordingly, 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.