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(영문) 서울중앙지방법원 2018.06.01 2018노539
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 (4 months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s recognition of all of the instant crime and reflects on it; and (b) the equity between the Defendant and the case of punishment for special larceny, etc. finalized on October 20, 2017.

However, even though the Defendant had been already punished for the same crime, the Defendant committed the instant crime again [the Defendant was sentenced to a punishment of ten months for imprisonment with prison labor for the crime of submitting a written confirmation, etc. stating another person’s signature as in the instant case, on the charge of failing to pay the use fee as in the Gwangju District Court Decision 2013 High Court Decision 2308, 2976 (Joint)]]. The Defendant was investigated under the name of friendly “E” and was subject to summary order, and the Defendant was found to have received a summary order, and caused a confusion in judicial action such as receiving a judgment dismissing prosecution, etc.

In full view of the conditions of all the sentencing indicated in the records and arguments in this case where there is no change in circumstances that could change the sentence of the court below for the time in the appellate trial, including these circumstances, the sentence imposed by the court below is too unreasonable and is exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's above 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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