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(영문) 수원지방법원 2015.10.16 2015노2322
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. The lower court rendered a sentence by reducing the amount of fine for summary order (five million won) and the amount of fine for summary order (five million won) in consideration of equity in cases where the instant crime was adjudicated simultaneously with the said crime where the judgment became final and conclusive, on the grounds that the judgment on the lower court became final and conclusive for the crime committed by forging nine mobile phone applications from June 2013 to August 2013.

Even if it is difficult for the defendant to economic situation, and considering the circumstances favorable to sentencing that the crime of this case is in a concurrent crime under the latter part of Article 37 of the Criminal Act as above, the court below's sentence is unreasonable because it is too unreasonable when considering all the circumstances such as the defendant's profit and loss suffered by the defendant, the degree of the defendant's age, environment, and circumstances after the crime, etc., such as the fact that the court below reduced a fine significantly more than the summary order as above, the defendant did not agree with the victim of this case, the fact that the defendant did not arbitrarily open the cell phone in the victim's name, and the crime of this case committed to a third party is not sufficient.

3. 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.

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