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(영문) 서울남부지방법원 2019.11.21 2019노1591
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year, fine of one hundred thousand won, the imprisonment of six months, the suspended execution of two years, the community service hours of 80 hours) of the lower court is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) On July 23, 2015, the lower court rendered the above sentence to the Defendants by taking account of the following favorable circumstances: (a) Defendant A committed a similar or similar crime, which is highly likely to repeat a crime; (b) Defendant B, despite having a criminal record, including a document-related crime, has committed a crime; (c) Defendant A has been convicted of having committed a crime; and (d) Defendant B has not committed any other crime or damage due to this crime; and (c) Defendant B is recognized to have committed a mistake in court; and (d) Defendant B was sentenced to the above punishment by taking into account the circumstances favorable to the fact that there was no special circumstance or change of circumstances to be considered newly in sentencing; and (d) Defendant B’s age, character and conduct, family relationship, motive and circumstance of the crime; and (e) circumstances after the crime.

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