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(영문) 수원지방법원 2019.08.22 2019노2553
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The circumstances are acknowledged, such as the confession of the Defendant to commit the instant crime and reflects his mistake, and the fact that the Defendant has no record of punishment in the Republic of Korea, which seems to have already been considered in the sentencing of the lower court.

In addition, the crime of this case in full view of the following circumstances: (a) the defendant of Chinese nationality interferes with the public official in charge of the branch office of the Incheon Immigration Office by forging and using a certificate of attempted criminal trial in order to acquire the permanent residence of the Republic of Korea; (b) the nature of the crime is considerably poor in light of the intelligence and plannedness of the crime; and (c) the degree of the defendant’s participation in the crime is not less severe than other accomplices who have been issued a summary order of KRW 5 million; and (d) the equity of sentencing with the case of the same or similar type of crime and sentencing, and other various sentencing conditions shown in the argument of this case, including the defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., it

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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