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(영문) 대구지방법원 2020.02.07 2019노4039
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized all of the crimes of this case as well as reflects on the fact that there are circumstances to consider driving circumstances, and that the defendant voluntarily surrenders to the forgery of the private signature of this case, the use of a false investigation signature, and the violation of the Resident Registration Act, the defendant's family members want to find out his wife, the defendant did not have criminal records for the same crime as this case, the defendant did not have criminal records, there is no family member to support, the defendant was a person who should support, the defendant's health is not good due to depression, public depression, and congenital further loss.

However, as the defendant was controlled by a bad driver's license, the circumstances after the crime such as using another person's resident registration number or forging his signature are not very good, the crime of this case has already been punished three times in total, including one time of the suspension of the execution of imprisonment with prison labor for this crime, and in particular, on February 2, 2018, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury) and the Road Traffic Act violation (Aggravated Punishment, etc. of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive in October,

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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