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(영문) 서울서부지방법원 2019.10.10 2019노872
공문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and confiscation) of the lower court is too unreasonable.

2. The fact that there is no change in the conditions of sentencing compared to the original judgment; there is no change in the conditions of sentencing; since the passport with a large social credibility is forged twice, the crime is grave; the number of times a forged passport is used is up to 242 times; and the sentencing criteria of the

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] - the forgery, alteration, etc. of official documents, etc. [Type 1] There is no person who has a non-business and non-profit organization (special person) [the scope of recommendations and recommendations] ] basic area, imprisonment for 8 months to 2 years [no criminal history exists, serious reflective factors - where a person who has made a forgery, etc. uses the altered documents, and the person who has made a forgery, etc. uses the altered documents, he/she shall not be deemed to have exceeded the reasonable scope of discretion, by taking into account the important documents, etc. with great social credibility such as judgment and passport: Provided, That if he/she uses the altered documents, it shall be deemed that there is no criminal history - there is no important reason for suspension of execution - The court below's punishment is too excessive and exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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