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(영문) 대구지방법원 2013.11.01 2013노2625
공문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (ten months of imprisonment) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. It is a favorable sentencing factor that the defendant led to the confession of the crime of this case and reflects the defendant, the profit actually acquired by the defendant is merely eight million won, and the defendant bears the civil liability for the repayment of the loan to the victim as a loan obligor.

B. The Defendant committed the instant crime during the period of repeated crime, which had seven different types of criminal records (one time of actual punishment, two times of suspended execution, and four times of fines) and committed the instant crime. The instant crime is an unfavorable sentencing factor that: (a) forged a detailed statement of the transfer household inspection as if the former tenant had purchased the building, and then received the said building as if the former tenant had no former tenant; (b) and (c) obtained the said building as security; (d) the act of taking over the said building is narrow and planned; (b) the damage amount is equivalent to KRW 57.8 million; and (c) the damage amount is not recovered.

C. It is not determined that the lower court’s punishment is too heavy or unreasonable on the ground that the aforementioned sentencing factors are deemed unreasonable, taking into account the following circumstances: the Defendant’s character and conduct, the motive, means and method of committing the instant crime, and the circumstances after committing the crime.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

(However, since it is apparent that the “use of a paper document” in Part 15 of the judgment of the court below is a clerical error, it is corrected that it is dismissed by “use of a paper document for forgery” in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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