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(영문) 수원지방법원 2020.04.09 2020노299
공문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

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

2. We examine the above arguments by the Defendant and the Prosecutor.

The crime of this case is that the defendant's participation in the crime of Bosing criminal organization in cash collection or delivery and then forges official documents under the name of the Chairperson of the Financial Services Commission as ordered by the organization members of the above organization, and acquired money from the victim as if he was an employee of the Financial Supervisory Service. In light of the law and content of the crime, the crime is very poor, and the amount of damage is also very poor, and the defendant's liability is very heavy. The crime of Bosing is committed because the crime of Bosing is tight and planned, and it is difficult to regulate the scope of damage and it is not easy to recover damage as well as structural characteristics that are not easy to recover damage. Therefore, it is necessary to strictly punish the victim even if it is a monetary collection and delivery, the victim's damage has not been recovered, but the defendant has a history of criminal punishment (20 times of fine, suspension of the execution of imprisonment, four times of the execution of imprisonment) and there is a history that he received the means of access from a person who has no name.

On the other hand, there are favorable circumstances such as the fact that the defendant recognized the crime of this case and against the mistake, that the defendant has no record of having been sentenced to punishment, that there is no record of criminal punishment for the same crime, and that the defendant must support his mother.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, and various sentencing conditions shown in the instant records and arguments, such as the circumstances after the offense, the sentence of the lower court is too heavy or excessive.

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