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(영문) 창원지방법원 2017.01.19 2016노1691
사문서위조등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (10 million won) of the judgment of the court below as to the summary of the grounds for appeal, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no particular difference in the terms of sentencing between the lower court and the first instance court, and in full view of the reasons for sentencing as stated by the lower court, including the content and method of the instant crime, the circumstances leading to the instant crime, the circumstances after the crime, and the role of the Defendant, the lower court’s sentencing was too heavy or uncompared, thereby exceeding the reasonable scope of discretion.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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