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(영문) 서울동부지방법원 2015.10.16 2015노966
사문서위조등
Text

The judgment below

Of the judgments of the court below, the part concerning the second and third crimes shall be reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

The gist of the grounds for appeal by the defendant is that, in light of the fact that the defendant was in the first instance court and the defendant was fully aware of all of the crimes in this case and is making efforts to reach an agreement with the best, the sentence of the court below (the imprisonment with prison labor for the crimes No. 1 in the first instance, for the crimes No. 4 months, 2 and 3 in the judgment) which sentenced the defendant is too unreasonable.

First of all, considering all the above circumstances asserted by the Defendant and his defense counsel with regard to the sentence for the crime No. 1 in the holding of the court below, even though the Defendant had been punished several times due to fraud, etc., the Defendant committed the crime No. 1 in the holding of the court below, and the Defendant committed the crime, such as forging documents for the crime of fraud, etc., but the nature of the crime is bad, such as the Defendant’s crime committed the crime, and the damage has not been recovered up to the trial, and no agreement has been reached with the victim C, it cannot be said that the sentence for this part of the court below is too unreasonable.

Next, considering the following: (a) the sentence against the crimes of Articles 2 and 3 in the holding of the court below is examined; (b) the defendant committed the crimes of Articles 2 and 3 in the holding of the court below without being aware of whether he was punished by a fine during the repeated crime period due to fraud; and (c) the defendant did not reach any agreement with the victim O until the trial is held, taking into account the following circumstances: (a) the defendant repaid the amount of damage to the victim J after the closing of argument of the case; (b) the defendant fully agreed with the above victim after the completion of argument of the case; (c) the amount of fraud for which a sentence of 8 months has become final and conclusive and the above crimes are concurrent with the case where the above crimes are adjudicated at the same time; and (d) the age, environment, etc. of the defendant, this part of the sentence of

Therefore, it is against the first crime of the judgment of the court below.

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