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(영문) 울산지방법원 2016.08.05 2016노770
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of three years and six months, confiscation) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected, while having been punished five times (including two times of actual punishment) in the past, it is not caused by the same crime, but has been committed without any particular criminal history during the last fifteen years.

However, the crime of this case is a case in which the defendant uses the copy of a foreigner's passport and opens a large phone and distributes and sells large chip and large chip. The method of crime is planned and organized, and the quantity of large chip and large chip that illegally collected personal information is reasonable. The above large chip or large chip is highly likely to be used for other crimes, such as telephone finance fraud, etc. It is highly harmful to society. In light of the role of the defendant in the crime of this case, the degree of participation in the crime of this case does not need to be easily considered, and it is necessary to consider the equity in punishment with other accomplices whose degree of participation in the crime is relatively minor compared to the defendant, and considering various factors in the trial process, such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, etc., the defendant's improper sentencing cannot be accepted.

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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