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(영문) 대구지방법원 2018.08.30 2018노2026
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended execution for one year of imprisonment, and one hundred and twenty hours of community service) is too unreasonable.

2. The lower court rendered the said sentence in light of the favorable circumstances, taking into account the following factors: (a) the fact that the nature of the crime is not good; (b) there is no record of crime; and (c) the fact that there is no record of crime; and (d) the recognition of and

The instant case is that the Defendant established a disguised company and forged and overlapped to prove the delivery performance. In full view of the unfavorable circumstances, such as the method of the crime and the scale of the transaction awarded a successful tender, and the Defendant’s age, sex, environment, circumstances leading to the crime, means and result of the crime, the scale of the crime, and the circumstances after the crime, etc., the lower court’s sentencing judgment cannot be deemed unfair to have exceeded the reasonable bounds of its discretion or to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the foregoing assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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