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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (two years of imprisonment with prison labor for six months, two years of probation of community service order, and forty hours of community service order) is too unreasonable and unfair (the Defendant withdrawn the Defendant’s assertion of mistake of facts as to the alteration of an official document and the crime of intentional alteration of an altered official document at the first trial date). 2. The lower court appears to have sentenced the Defendant to a punishment by taking into account the favorable circumstances and unfavorable circumstances for the Defendant.
Since the Defendant had a mediation clause under which both parties file a criminal case and withdraw all lawsuits against the other party while mediating divorce with the complainant who was the spouse for the first time, it is reasonable to take this into consideration in light of the circumstances favorable to the Defendant. However, the charge that the complainant did not submit a written withdrawal of the complaint to the party member. In addition, the crime of altering public documents and the crime of performing altered public documents among the crimes in this case is a crime of protecting social legal interests and interests, and the degree of such crime is limited considering that the victim of the crime of fraud is not the complainant.
In full view of all such factors as the motive, circumstance, result, subsequent circumstance after the crime, Defendant’s age, sexual conduct, and history of punishment, including all such additional circumstances, the lower court’s sentencing exceeded the reasonable bounds of discretion.
There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.
Therefore, the defendant's double punishment cannot be accepted.
3. 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.