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(영문) 전주지방법원 2016.06.17 2016노342
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) paid all mobile phone charges in B’s name opened for the instant crime; and (c) the instant crime is in the concurrent relationship between the violation of the Road Traffic Act (unlicensed Driving) by which the judgment became final and conclusive with the crime of violation of the Road Traffic Act (unlicensed Driving) and the group after Article 37 of the Criminal Act, and thus

On the other hand, the crime of this case is committed in the following circumstances: (a) the defendant prepared an application for joining the mobile phone in the name of B without permission, and submitted it to the employees of the communications company, and the nature of the crime is not somewhat weak; and (b) the defendant committed the crime of this case even though he had the record of criminal punishment four times even before the crime was committed; and (c) the defendant actually opened and used the mobile phone in the name of B.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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