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(영문) 서울서부지방법원 2019.09.26 2019노677

자격모용사문서작성등

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 (two months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As in the instant case, the fact that the crime was committed by the Defendant with the knowledge of the fact that the nature of the crime was inferior to the provision of other means of crime, such as painting, etc., the fact that the criminal was committed during the period of repeated crime, and that the accomplice committed an escape life while being arrested

On the other hand, considering the role of the defendant, the degree of participation in the crime of this case is easy compared to other accomplices, and the fact that there is no criminal conviction in the same kind is favorable to the defendant.

In full view of all the above factors of sentencing, the lower court’s punishment is appropriate, and cannot be deemed to have exceeded the reasonable scope of its discretion, because it is too heavy or unhued.

3. The appeal filed by the defendant and the prosecutor in conclusion are all without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act.