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(영문) 대전지방법원 2015.04.16 2014노3710
사문서위조등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for 10 months) of the original judgment is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant, who made a judgment, led to the confession of the crime of this case from the investigative agency and divided his mistake, the first offender who did not have any record of criminal punishment, and the fact that the perpetrator want to take the action against the defendant.

However, the amount of damage caused by the instant crime is reasonable, and there are unfavorable circumstances, such as the fact that the victim did not reach an agreement with the victim, and that most of the damage was not recovered. The scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee established by the Supreme Court sentencing Committee is from 1 year to 4 years of imprisonment, 4 years of fraud, general fraud type 2 (at least KRW 100 million, less than KRW 500 million), special scams, decision-making in the recommended area (basic area), recommendation range (1 to 4 years), and recommendation range, and all other sentencing conditions such as Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence, etc., it is not recognized that the sentence of the lower court is unreasonable because it is too excessive.

3. 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 groundless. It is so decided as per Disposition.

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