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(영문) 인천지방법원 2015.09.18 2015노2076
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) imposed by the court below on the defendant is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s character and behavior, environment, motive, means, and consequence of the instant crime, and the circumstances following the crime, etc., the sentence imposed by the lower court against the Defendant is deemed reasonable, in light of the following: (a) the Defendant voluntarily stated the above facts before the investigation was completed; (b) the Defendant had been punished several times for the same crime; (c) the Defendant was discovered as having been punished by a fine for the same kind of crime; and (d) singing out to the period of suspension of business; and (d) the Defendant appears to have exercised another’s resident registration certificate to conceal the above facts; and (e) the Defendant’s motive, means, and consequence of the instant crime

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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