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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.01.28 2015노4332
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) since the Defendant voluntarily surrenders to investigative agencies after the occurrence of the instant case; and (b) the fact that the Defendant has deeply repented and reflected the instant crime;

However, the Defendant is not only subject to criminal punishment more than five times, including two suspended sentence due to drinking driving, but also under the absence of a license even though he was in the period of suspended sentence due to drinking driving, but also under the name of another person by using an identification card that he was found to have been aware of by drinking driving, and the possibility that the victim may incur from repeated crimes cannot be ruled out.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair due to excessive disregarding the circumstances favorable to the Defendant, even if all circumstances favorable to the Defendant were considered.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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