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(영문) 수원지방법원 2017.05.26 2017노1923
공문서부정행사등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under the circumstances unfavorable to the Defendant, presented another person’s driver’s license to a police officer to conceal his status while driving without a license, and the nature of the crime is not good, and the Defendant was sentenced to suspended sentence on January 29, 2015 at Suwon District Court (2014Da6526, Jan. 26, 2015). The Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of the fact during the suspended sentence, and the criminal facts of the instant case include the Defendant’s unlawful use of the official document in consideration of all the circumstances that were favorable to the Defendant immediately after the Defendant’s forgery of the driver’s name.

The sentencing of the court below seems to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of the sentencing, and even if considering the fact that the family members and the branch members of the defendant want to take the Defendant’s preference in the trial, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

Therefore, the defendant's above assertion 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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