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(영문) 서울중앙지방법원 2014.10.23 2014노2454
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unfied and unreasonable.

2. The defendant committed the crime of this case, such as forging a large quantity of documents in a systematic and repeated manner with his accomplices for a considerable period of time for the purpose of pecuniary profit, and the role in the crime of this case was also in a leading position. As a result, the crime of this case is difficult to manage entry and departure and sojourn of foreigners, and the risk of causing various social problems due to illegal stay of foreigners is very poor. The crime of this case constitutes the type 2 (business or organizational) such as forgery and alteration of official documents, etc., and "where social risk is not realized because the ultimate objective of crime is not achieved," the defendant's special mitigation, "where multiple documents are repeatedly falsified or altered" is considered as a special mitigation, the scope of recommending punishment becomes more than 1 year and 6 months, and various sentencing conditions prescribed in Article 51 of the Criminal Act are considered, and the defendant living in Korea has no reason to punish the defendant for more than 1 months after the sentence of imprisonment with prison labor and more than 4 months after the sentence of imprisonment with prison labor of the court below.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is followed after pleading.

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