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(영문) 서울서부지방법원 2016.11.17 2016노1211
위조유가증권행사
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each of the court below against the Defendants (one hundred months of imprisonment) is too unreasonable.

B. The lower court’s respective sentence against the Defendants by the prosecutor is too unhued and unreasonable.

2. Determination

A. Determination of unfair sentencing by Defendant A and the prosecutor on the assertion of unfair sentencing by Defendant A and the prosecutor, the fact that Defendant led to a confession and a mistake by committing an offense, and the fact that the instant securities were discovered to have been forged, and the actual damage was not caused, are favorable to the Defendant.

On the other hand, the fact that the value of the forged securities of this case is a large amount, and that the defendant has already been subject to criminal punishment several times, including the same kind of crime, despite the fact that he/she committed the crime of this case, and that the defendant's participation in the crime is not easy, such as requesting the forgery of securities, etc.

In addition, comprehensively taking account of the defendant's age, career, character and conduct, environment, motive of the crime of this case, means and method of the crime, circumstances after the crime, etc., the sentence of the court below is deemed appropriate, and it is not deemed that the sentence is too heavy or too unreasonable.

Therefore, each of the defendant A and prosecutor's arguments on unfair sentencing is without merit.

B. We examine the judgment on the assertion of unfair sentencing by Defendant B and the prosecutor, and the fact that the Defendant led to the confession of and the mistake against the Defendant, and that the instant securities were forged and thus the actual damage did not occur, etc. are favorable to the Defendant.

On the other hand, the value of the forged securities of this case is the maximum amount, the defendant commits the crime of this case even though he has been subject to criminal punishment several times including the punishment due to fraud, etc., and the defendant is in charge of actual distributing the forged securities, and the degree of participation in the crime is not easy.

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