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(영문) 서울고등법원 2014.02.14 2013노3811
특정범죄가중처벌등에관한법률위반(통화위조)등
Text

[Defendant A] The defendant's appeal is dismissed.

[Defendant B] The judgment below is reversed.

Two years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (4 years of imprisonment, confiscation, and return) by the lower court is too unreasonable.

B. Defendant B’s imprisonment (two years and six months of imprisonment, confiscation) sentenced by the lower court is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court and the first instance court prior to the judgment on the grounds for appeal by Defendant B ex officio, Defendant B was indicted on July 17, 2013 by the High Government District Court 2012Kadan1682, which was a crime of fraud, and sentenced to “the Defendant shall be punished by imprisonment with prison labor for one year.” Of the facts charged in the instant case, the lower court’s judgment was reversed on October 31, 2013 by the Prosecutor’s appeal, which took place with the District Court 2013No1720, the lower court’s judgment was reversed, and the lower court’s judgment was affirmed on October 31, 2013, based on Defendant B’s appeal, and the lower court’s judgment that deemed that the lower court’s judgment became final and conclusive by taking account of equity between the case of Defendant B and the case of the lower court’s final and conclusive judgment on July 23, 2014.”

3. As to the grounds for appeal by Defendant A, the following facts are the circumstances favorable to the Defendant: (a) the Defendant’s confession of all of the instant crimes; (b) the actual amount of damage incurred by the Defendant’s use of the forged currency is not a relatively large amount; and (c) the fact that the forged paper is not likely to be mistaken to the actual paper of the crime.

On the other hand, however, it is.

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