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(영문) 인천지방법원 2016.04.22 2015노4383
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below has a favorable condition for the defendant, such as the fact that the defendant recognized his mistake and reflects, the fact that the defendant committed a crime of fabrication of private documents in the latter part of Article 37 of the Criminal Act should take into account the equality with the case where he was tried with the defendant, and that the damage to the victim G appears to have been recovered to a certain extent. However, among each of the crimes of this case, the crime against the victim E is not established in collusion with the joint defendant A of the court below, but arbitrarily cancelled the registration of the establishment of a right to collateral security in the name of the secured victim by means of document forgery, etc. even though the defendant did not repay the borrowed money, the poor nature of the crime, the degree of participation in the crime, the degree of the crime, the consequence, etc. is considerably significant, and the damage was not recovered, and the defendant's age, sex, environment, motive, circumstance, method, frequency of the crime, the degree of participation in the crime, the degree of equity among the accomplices, and the circumstances after the crime of this case.

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.

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