(영문) 의정부지방법원 2015.03.25 2014노2900

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2015.03.25 2014노2900

공문서위조등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant A

A. The gist of the grounds for appeal is that the amount of profit derived from the instant crime is only 2,500,000 won, and that the Defendant’s wife and children who are dependent due to the Defendant’s detention cause excessive difficulties and difficulties, etc., the sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. There are circumstances such as the Defendant’s full recognition of the instant crime from the investigation stage to the point of view, and the Defendant’s benefit derived from the instant crime is not significant compared to the amount of damage, the degree of participation is insignificant, and the Defendant’s health status is not good, and if the Defendant continues to be detained, the Defendant’s wife who is the dependent of the Defendant, and the children attending the 3rd and the 1st grade in each elementary school are faced with economic difficulties.

However, each of the crimes of this case was committed by forging and using a driver's license, which is an official document, by deceiving the victims, and the method of the crime was very poor, and the damage was not recovered at all even if the total amount of damage caused by the fraud of this case reaches 39,400,000 won, and did not agree with the victims. The court below did not determine that the defendant's sentence against the defendant is unfair because it is too unreasonable, taking into account the following factors: the recommended sentencing guidelines of the Supreme Court in the original instance [the punishment of fraud crime group, general fraud, type 1 (less than KRW 100,000)], the aggravated area [the punishment of the defendant is very poor (where the method of forgery, etc. of a document is actively applied)], imprisonment with prison labor for one year or two years and six months], and all of the sentencing factors indicated in the records and arguments of this case including the defendant's age, occupation, and environment.

2. Defendant B

(a) The summary of the reasons for appeal is that the defendant is able to repent his mistake in depth and that the defendant's health is not good.

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