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(영문) 서울중앙지방법원 2018.10.12 2018노1288
사기등
Text

The defendant's appeal is dismissed.

Reasons

The punishment of the court below (one year of imprisonment) shall be too unreasonable.

Judgment

It is recognized that the defendant confessions and reflects the crime of this case, that the defendant's father D does not want the punishment of the defendant, who is the victim of the crime of forging private documents, etc., and that the defendant recently started married life and decided not to repeat the crime.

However, the crime of this case was committed over a relatively short period, and the defendant did not seem to have made efforts to recover damage, such as agreement with the victims of the crime of fraud, there are no special circumstances or changes in circumstances that may be considered newly after the judgment of the court below, and the defendant was sentenced to two years of imprisonment with prison labor by special larceny, etc. at the Seoul Central District Court on September 6, 2017, and the judgment becomes final and conclusive September 27, 2017. The above crime and the crime of this case, for which the judgment became final and conclusive, shall be considered as concurrent crimes after Article 37 of the Criminal Act, and the equality between the defendant's age, sexual conduct, environment, motive and consequence of the crime, and all the sentencing factors in the records and arguments of this case, such as the circumstances after the crime, are considered to be within a reasonable scope, and it is not recognized that the punishment imposed by the court below is too unfair.

In conclusion, 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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