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(영문) 광주지방법원 2016.07.27 2016노1599
공문서위조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant recognized his mistake and reflected his mistake, the degree of the Defendant’s participation in the instant crime is relatively minor and the number of crimes is less than that of the Defendant, and the Defendant’s profit derived from the instant crime is not much significant.

On the other hand, there are unfavorable circumstances, such as the fact that the passbook created by the Defendant was used for the crime of fraud and that approximately 50 victims suffered damage in the aggregate amount of KRW 45 million, and the crime of this case was committed systematically and systematically, and the nature of the crime is not very good, and that the nominal owner of the forged resident registration certificate and the deposit transaction application were damaged by all the nominal holders of the application for deposit transaction.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the Prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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