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(영문) 대구지방법원 2019.05.17 2018노4574
사문서위조등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of one million won.

3. The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence (exemption from punishment, forfeiture) imposed by the court below on the defendant is too unfasible and unfair.

2. The judgment that the Defendant recognized all of the instant crimes and reflects, the Defendant did not have any previous conviction prior to the instant case, the Defendant was a disabled person with mental disability Grade II, and the Defendant was sentenced to a suspended sentence of two years on October 27, 2018 due to fraud, etc. It is recognized that the instant crimes and the instant crimes should take into account the equity between the case where the judgment is rendered at the same time in the latter concurrent crimes under the latter concurrent crimes of Article 37 of the Criminal Act, and that the Defendant’s family members want to have a preference against the Defendant.

However, in this case, the defendant submitted a false application for the re-issuance of the resident registration certificate indicating the name and resident registration number of D to the resident service center and submitted a false application for the re-issuance of the resident registration certificate to the financial institution for the purpose of opening the passbook in the name of D using it, and the case is not easy, but the crime is bad, and the defendant committed the crime by misrepresenting D and J against the employees of government offices over several times, including the crime of this case, and falsely obtaining documents such as the application for the issuance of the resident registration certificate or resident registration certificate, and thereby committing the crime using it. Accordingly, it is also recognized that the defendant was sentenced to a fine more than two times, which was sentenced to the suspension of execution for 8 months by fraud, etc. in the

In addition, in full view of various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., it is judged that the sentence imposed by the court below is inappropriate because it is somewhat uneasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is followed after pleading.

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