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(영문) 서울북부지방법원 2018.10.11 2018노1378
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The court below sentenced the defendant to the above punishment with regard to the reasons for appeal, as stated in its reasoning, and it is reasonable to respect the sentencing of the court below in this case where there is no change in circumstances that can be newly considered in the trial of the court.

In addition, the defendant had been punished several times as a crime of the same kind, was arrested and released as a assault case against the victim C, and did not do so to the victim F again, and the defendant was prosecuted as a crime of interference with business during the period of suspended execution, but was sentenced to a fine, in addition to this case.

In addition, even if examining various conditions of sentencing specified in the argument of the instant case, such as the Defendant’s environment, motive of the crime, and circumstances after the crime, the sentencing of the lower court exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the appeal of this case by the defendant is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That in the application of the law of the court below, the "the choice of imprisonment" in the application of the law of the court below is obvious that the defendant has an erroneous office of "the choice of imprisonment for each crime of violence", and thus, it is corrected ex officio pursuant to Article 25(1) of the

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