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(영문) 인천지방법원 2015.07.24 2015노1647
사문서위조등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the Defendants (two months of imprisonment) is too unreasonable.

B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The Defendants had the record of having been punished several times for the same crime, the Defendants committed the crime of this case, which was disadvantageously committed by the Defendants, but the Defendants committed the crime of this case to avoid the pressure of repayment to D, and the Defendants appear to have committed the crime of this case in order to avoid the pressure of repayment to D. Defendant A was subject to criminal punishment for the crime of this case against D. Defendant A may have been tried simultaneously with the Defendants’ respective previous convictions. In full view of all other circumstances, including the Defendants’ character and conduct, environment, criminal records, motive, means and consequence of the crime of this case, and the conditions for sentencing specified in the arguments and records, including the circumstances after the crime, it is recognized that each sentence imposed by the lower court against the Defendants is adequate.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

3. As such, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since it is obvious that the entry in the suspension of execution in the application of the law of the court below is erroneous, it shall be corrected to delete it in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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