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(영문) 대구지방법원 2015.08.28 2014노2980
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (one million won of a fine) pronounced by the court below on the summary of the grounds of appeal is unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession of the instant crime while committing the crime, the Defendant committed the instant crime even if he had the record of punishment for the same kind of crime, and the number of forged names is up to 75 persons, and the Defendant’s motive and circumstance leading to the instant crime, the means and consequence thereof, and all of the sentencing conditions specified in the records and arguments of the instant case, such as the record and pleading, cannot be deemed unfair, given that the sentence imposed by the lower court is unreasonable. Thus, the Defendant’s assertion is without merit.

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

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “Article 70(1) and Article 69(2) of the Criminal Act” in the application of the law of the court below to the phrase “Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)

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