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(영문) 서울고등법원 2014.01.16 2013노3239
특정범죄가중처벌등에관한법률위반(통화위조)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor and fine of 700,000 won, confiscation, provisional payment) declared by the court below is too unreasonable.

2. However, there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant recognized the crime of this case and repented his mistake, the fact that the defendant escaped to China, voluntarily surrenders to the chief consular officer of the Yangyang-gu and returned home, the defendant had no record of criminal punishment for the same crime before, and the defendant seems to have suffered economic difficulties in the course of adapting to the Korean society as North Korean defectors.

However, the crime of this case is a case in which the defendant, along with his accomplice, forged 10,00 won paper and 100,000 won cashier's checks are printed, and used in fact over several times. The crime of this case is a case in which the goods are purchased and stolen property such as receiving money, and the crime of forging currency or cashier's checks is very serious crime that threatens the basic order of the market economy, and the crime of forging currency or cashier's checks is very serious crime that threatens the basic order of the market economy. Although the defendant's forged paper and cashier's checks were not organized or used, they were not mobilized.

Even if the receiver did not easily recognize the forgery, the number of forgerys seems to have been considerably limited, the number of pages and cashier’s checks that the Defendant forged and used, and the Defendant’s act does not seem to be less exceptionally than the accomplices, and the Defendant’s act is not likely to have agreed with the victims of the crime up to the trial. The statutory penalty for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery) among the instant crimes is death penalty, imprisonment for life or for not less than five years. The three years sentenced by the lower court and the fine of KRW 70,000,000,000, who were sentenced to imprisonment for a limited term among the above statutory penalty, are sufficiently considered

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