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(영문) 서울서부지방법원 2015.08.21 2015노712
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was the first offender, the fact that his mistake is recognized and divided, all damages to the victim P were recovered, and the above victim did not want punishment against the defendant, and the provisional seizure was made in the victim D's real estate.

However, in light of the fact that the crime of this case was committed by the defendant using his personal trust relationship with the victim D and that it is not good to be committed in light of the law and contents of the crime, such as the acquisition of money by the defendant, the use of his personal trust relationship with the victim D, and the use of proxy, and other unfavorable circumstances such as the victim D's failure to agree with the victim D, and the victim D's intent to punish the defendant, and other circumstances that form the conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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

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