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(영문) 수원지방법원 2017.04.28 2016노7101
사문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (limited to 8 months of imprisonment, 2 years of suspended sentence, and 120 hours of community service order) is too uneasy and unreasonable.

2. The crime of this case, which is judged, committed the crime of this case by forging a document and attempted the fraud of the lawsuit, is disadvantageous to the Defendant, such as the fact that the nature of the crime was inferior, that there was two times the criminal records of the same kind before the crime of this case, and that the victim wanted to be punished.

However, among the crimes in this case, the crime in this case is about attempted crimes, the amount obtained by defraudation is not more than 59 million won, and each crime in this case is about the relation between the criminal records as stated in the judgment of the court below and the concurrent crimes after Article 37 of the Criminal Act, and the case and equity should be considered at the same time. In addition, comprehensively taking into account all the sentencing conditions of the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. As such, the prosecutor’s appeal is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (In the case of a party, the prosecutor filed an application for a correction of the indictment with the effect that “ May 25, 2015” of the criminal facts No. 1 of the Criminal Procedure Act as stated in the judgment of the court below is corrected to “ March 25, 2015.” As such, the pertinent part of the judgment of the court below is corrected as above pursuant to Article 25(1) of the Rules on Criminal Procedure.

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