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(영문) 청주지방법원 2016.07.22 2016노546
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected the mistake.

The defendant is not subject to a suspended sentence or heavier punishment in the past.

It seems that social ties are relatively clear, such as submitting a written application for the birth of a defendant's workplace and his/her relatives, which seeks the preference of the defendant.

Such circumstances are the circumstances that would be favorable to the defendant in the course of sentencing.

However, there are the following disadvantageous circumstances for the defendant.

The crime of this case is committed by the Defendant with forgery and use of trade reservation certificates, performance notes, etc. in the name of his spouse, which is a disposal document, in order to obtain investment from C in the mutual aid company operated by the Defendant, etc., and the illegality of the act is heavy.

As a result of the instant crime, C trusted the forged disposition document and invested about KRW 130 million to the defendant, and the spouse of C and the defendant have suffered significant damage, such as the occurrence of legal disputes.

Although the defendant's spouse submitted a written application seeking the preference of the defendant, the person who actually suffered from the crime of this case is not the spouse of the defendant but C (it is irrelevant to the result in the relevant civil procedure). Therefore, it is difficult to regard only the above details of the spouse's above as a favorable circumstance in sentencing.

이러한 점들을 고려 하면 피고인에 대하여 엄정( 嚴正) 한 처벌을 할 필요가 있다.

In addition, comprehensively taking account of various circumstances such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

Therefore, Defendant’s ground of appeal cannot be accepted.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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