logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.08 2016노1393
공문서변조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment) shall be too unfluent and unfair.

Defendant

The above-mentioned sentence imposed by the court below on the defendant is too unreasonable.

Judgment

Each of the crimes of this case is very heavy in light of the following: (a) the Defendant conspired with E, etc. to forge the lease contract or the detailed statement of perusal of the moving-in household; and (b) deceiving the victims to acquire money from the victims as if there is no lessee in the building; (c) the method of the crime is secret, planned, and intelligent; and (d) the total amount of damage to the crime of this case exceeds KRW 46 million,00,000,00

In the past, the Defendant committed each of the crimes in this case even though he had been punished due to the crime of fraud, fabrication of private documents, and uttering of private documents.

On the other hand, at the court below, the victim's rare Credit Union, X, and Y withdrawn a complaint against the defendant, and all loans to the victim's U.S.C. have been repaid, and the defendant deposits more than three million won for the victim K in the trial, and the damage seems to have been fully recovered.

In addition, each of the crimes of this case is related to the crime for which judgment has become final and the latter concurrent crimes of Article 37 of the Criminal Act, such as the first head of the crime in the judgment below, and the relationship between each of the crimes of this case and the latter concurrent crimes of Article 39(1) of the Criminal Act shall

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the conditions of sentencing as shown in the instant pleadings, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

In conclusion, the defendant and the prosecutor's appeal are without merit, and they are all filed in accordance with Article 364 (4) of the Criminal Procedure Act.

arrow