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(영문) 의정부지방법원 2015.09.22 2015노1715
사전자기록등위작교사등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, has the unique area of the first instance court with regard to sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of such legal principles, there is no particular relationship or change of circumstances that the lower court’s punishment is to be mitigated, and in the event of a private document crime group, prior recording, alteration, etc. according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the scope of the recommended punishment based on the criteria for multiple crimes: Imprisonment with prison labor for not less than six months and not more than eight months (2 years x 1/2 year x 1/1/3 x 1/3). In full view of the following factors: (a) the scope of the recommended punishment according to the sentencing guidelines established by the Supreme Court Sentencing Committee; (b) the scope of the recommended punishment; (c) the determination of the recommended area; and (d) the scope of the recommended sentence based on the guidelines for multiple crimes: (d) the imprisonment with prison labor for not less than six months and not more than three years (2 years x 2 years x 1/3); (e.g., social and economic harm caused by criminal conduct; (e.

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

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