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(영문) 부산고등법원 (창원) 2015.09.09 2015노201
통화위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.

2. Determination of each of the crimes of this case is recognized as favorable sentencing factors, such as the fact that the scale and method of each of the crimes of this case are not very large, that the means and method of the above Article are not organized and professional, that the defendant recognized the crime and seriously reflects the defendant, and that the victims of the crime of fraud appear to have recovered from damage by receiving compensation from Co-Defendant B and agreement with B.

However, each of the crimes and crimes of this case, which are recognized by evidence, evidence law, and legal principles, is acknowledged as an unfavorable sentencing factor or a neutral and objective sentencing factor, such as impairing the public credit in the case of a crime of forging a currency and impairing the order of money, and the criminal liability is very vague, and the defendant exercised the forged currency to the credit trader. The defendant led each of the crimes of this case, the defendant was repeated during the period of repeated offense, and the criminal history of the fraud was several times, and the defendant was unable to reach an agreement with the victims of the crime of fraud, and there is also a lack of efforts to recover from damage.

In full view of the aforementioned factors of sentencing, sentencing guidelines, punishment, and criminal nature as seen above, comprehensively taking into account the statutory punishment (a life imprisonment, imprisonment for more than two years, and imprisonment for a limited term) and applicable sentences for the crimes of fabrication of currency, and sentencing cases for similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstances leading to the instant crime, the means and consequence of the instant crime, as well as the circumstances after the commission of the crime, etc., the appellate court’s sentencing judgment (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015) cannot be deemed to be excessive to the extent that the sentence imposed by the lower court should be reversed.

Therefore, the defendant's assertion is without merit.

- Many crimes: Fraud, and fraud.

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