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(영문) 수원지방법원 2016.07.20 2015노4106
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant did not know at all that his/her license certificate was forged, the instant facts charged are all not guilty.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The Defendant has the same assertion as the Defendant alleged in the lower court on the assertion of mistake of facts.

The court below rejected the defendant's assertion and its decision.

In addition to the fact that the defendant's dynamics were able to obtain a valid driver's license in the name of the defendant in Pakistan, but they sent it to the defendant with a forged driver's license issued through Brackers around the test site for the driver's license, or that the defendant's dynamics were able to know that the driver's license obtained from Brackers was true, the decision of the court below is just in comparison with the records of the judgment of the court below.

Therefore, the defendant's assertion of facts is without merit.

B. The Defendant’s judgment on the wrongful assertion of sentencing is necessary as he/she exercised a forged driver’s license, thereby impairing the social trust in private documents and electronic records issued by Korea’s driver’s license, obstructed the performance of official duties through a deceptive scheme, and driving without a license that is likely to cause damage to other road transport users, thereby making it necessary to punish the Defendant accordingly.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

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.

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