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(영문) 수원지방법원 2014.10.13 2014노2780
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (the imprisonment of six months, the suspension of execution of two years, and the community service order of 120 hours) is too unreasonable.

2. Although the Defendant did not receive delegation from E for the removal work, he/she acquired 2 million won from the removal business entity by forging the power of attorney in the name of E and exercising it against the removal business entity. Furthermore, even if the Defendant had been sentenced to the crime of this case due to fraud, the crime of forging private documents, etc., but he/she again committed the crime of this case, and agreed to compensate for damages to the removal business entity E, the Defendant already agreed to compensate for damages to the removal business entity. The fact that the Defendant agreed to compensate for damages to the removal business entity is already considered in the original judgment, and there is no special circumstance or change of circumstances that may be considered newly after the sentence of the lower court was rendered, and all the sentencing conditions indicated in the records and arguments of this case, such as the Defendant’s age, character and behavior, family environment, and the background and result of the crime, considering that the Defendant is against the nature of the crime of this case, and there is a family member to be supported, the lower court’s punishment is unreasonable.

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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