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(영문) 수원지방법원 2017.10.26 2017노2437
공문서위조등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and his defense counsel recognized the mistake and against the Defendant, the Defendant committed the instant crime for the preparation of medical expenses, and the Defendant was sentenced to four years of imprisonment with prison labor on December 17, 2014 at the Suwon District Court Sejong District Court on the grounds of the charge of forging official documents, etc. on August 19, 2015, which became final and conclusive on August 19, 2015, the instant crime and the said crime for which judgment became final and conclusive ought to be considered at the same time in the relationship of single concurrent crimes after Article 37 of the Criminal Act, and thus, the lower court’s sentence that sentenced to eight months of imprisonment is too unreasonable.

B. In light of the fact that the public prosecutor’s defendant's economic interest is old and systematically forged an official document and committed fraud using it, and that there is a number of records of punishment for the same kind of crime, etc., the court below’s punishment is too uneasible and unreasonable.

2. The crime of this case is determined as follows: (a) the defendant had no long-term transaction with C, etc.; (b) had the land whose resident registration number is not indicated on the registry is the owner of the land; and (c) provided the land as collateral to obtain the loan, etc.; and (d) had A, one copy of the draft of draft of draft of draft of draft of draft of draft of draft of draft of name in the name of S in the name of the official document of the Incheon District Court official of the Incheon District Court, the official document, forged it to the public official in charge of the Gu office; and (c) had the public official in charge of the Gu office enter the false fact in the official electronic records and preserve it, thereby exercising the name of the defendant in the family relation registration system; and (d) it is not good that the defendant used the official electronic records recorded on the official records by using the same as the owner of the land; and (e) the defendant has been subject to criminal punishment due to the same kind of crime.

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