(영문) 수원지방법원 2018.08.24 2018노2406 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2018.08.24 2018노2406

사문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for the appeal (one and half years of imprisonment) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the Defendant on the grounds of appeal (such as the confession of each of the instant crimes, divorce with the Defendant’s wife and serious economic difficulties after the instant case, etc.) seems to have already been considered in the sentencing process of the lower court.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

In full view of the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., revealed in the deliberation by the original court and the party concerned, including the fact that the defendant actively forged the document and committed the fraud as indicated in the judgment of the court below, and the criminal records were restored to all the damage caused by the crime of this case by paying the victim KRW 270 million to the victim of this case.

The argument is asserted.

Examining the records of this case, although the defendant appears to have repaid the victim the money as alleged in the judgment below, since the defendant borrowed KRW 150 million from the damaged person prior to the crime of this case, as stated in the facts constituting the crime of this case, the above existing debt and the debt of this case concurrently exist, and as the defendant claimed, the above repayment amount was agreed to or designated to meet all the debt of this case.

If there is no evidence to see, it shall be so long as no.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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