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(영문) 서울중앙지방법원 2013.12.12 2013노3024
공정증서원본불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (a fine of three million won for each of the defendants) on the summary of the grounds for appeal is too unreasonable.

2. There are extenuating circumstances such as that the Defendants’ determination of the grounds for appeal reflects the mistake in depth, partly taking into account the circumstances leading to the crime, and the fact that economic circumstances are difficult.

However, even though K had raised an objection by continuously cancelling the registration of the name of the Defendants, the Defendants committed several times repeatedly, and the lower court issued a summary order of KRW 5 million to each of the Defendants, but sentenced them to a fine of KRW 3 million by taking into account the favorable circumstances for the Defendants, and the lower court did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment. In full view of all other circumstances, including the Defendants’ age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, and all other circumstances that are the conditions for sentencing as indicated in the instant pleadings and records, including the following: (a) the lower court’s sentence imposed on the Defendants is too unreasonable; and (b) the Defendants’ assertion is not acceptable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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