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(영문) 부산지방법원 2018.11.16 2018노2701
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence of one year, two years of probation, observation of protection, and 120 hours of community service) by the court below is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, each of the lower judgment’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals by the Defendants are without merit. It is so decided as per Disposition (Article 231 and Article 234 of the Criminal Procedure Act on the grounds that, among the written judgment of the court below, “to forge” in Article 17 of the Criminal Procedure Act on the grounds that “to exercise it after forgery,” and “Articles 231 and 234 of the Criminal Act on the grounds that “each Article 231, Article 30 of the Criminal Act (Article 234),” and Articles 234, 231 and 30 of the Criminal Act on the grounds that it is obvious that each clerical error is a clerical error in the Criminal Procedure Act on the grounds that it is correct ex officio pursuant to Article 25(1) of the Regulation on the Criminal Procedure.”

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