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(영문) 대구지방법원 2013.12.13 2013노3355
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) by the lower court is excessively unreasonable.

2. It is recognized that the defendant is responsible for the livelihood of a family, including a mother in a convalescent hospital; that the defendant is against his own will while making a confession of all of the crimes of this case; and that the amount of damage in fraud is not large to KRW 2.5 million.

However, considering the following circumstances: (a) the criminal records identical to the Defendant were 26 times (the five times of actual punishment, the suspension of execution, three times of fines, and 18 times of fines) and the crime of this case was committed during the period of repeated crime; (b) the damage of the crime of fraud was not completely recovered until the criminal trial; and (c) the Defendant’s character and conduct, the motive, means and methods of the crime of this case, and the circumstances after the crime were committed, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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