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(영문) 수원지방법원 2021.01.21 2020노2717
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

The summary of the grounds for appeal (one year and four months of imprisonment) of the lower court is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant, who is engaged in the mobile phone sales business of this case, by forging documents or forging electronic records by stealing his personal seal or four customers, and by using seven portable telephone and string PCs, and by paying game money, etc., it is reasonable to impose imprisonment with prison labor on the Defendant, considering the motive, circumstance, method, and content of the crime. The crime of this case is extremely poor and has considerable mental suffering as well as economic damage. The victims are deemed to have suffered considerable mental suffering. The Defendant was unable to completely recover from the damage of the victim D, U, and X, and the Defendant did not receive any tolerance from the victims, even though it was caused by this crime, it is reasonable to impose a fine on the Defendant in full view of the following: (a) the Defendant was punished by imprisonment with prison labor.

However, the fact that the defendant recognized the crime of this case and reflects the mistake in depth, and the crime of violation of road traffic laws (unlicensed driving) as stated in the judgment of the court below that became final and conclusive shall take into account the equality with the case where the crime of this case and the crime of violation are concurrent crimes after Article 37 of the Criminal Act, and at the same time, the defendant does not want the punishment against the defendant, the defendant does not have any record of punishment for the same kind of crime, and the defendant does not have any record of punishment for the same crime, and other various sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, sex, environment, health conditions, motive and circumstance leading to the crime, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is deemed unfair

Therefore, the defendant's argument of sentencing is justified.

3. Accordingly, the defendant's appeal is justified.

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