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(영문) 광주지방법원 2018.04.19 2018노728
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment of the defendant recognizes and reflects the crime, and that the crime of this case is a crime of violation of the official brokerage law as stated in the judgment of the court below and the crime of this case is a concurrent crime of the latter part of Article 37 of the Criminal Act, which is favorable to the defendant.

On the other hand, the following is disadvantageous.

When the defendant was discovered while driving a motor vehicle under a license without drinking, he/she was investigated by means of another person's signature to conceal his/her crime.

In light of the criminal law of these defendants, the nature of crimes is not good.

Prior to the instant case, the Defendant had a record of criminal punishment for driving alcohol three times, and repeated the same kind of crime while being tried to commit the same crime, such as forging the signature of an unlicensed driver.

It is necessary to strictly punish the defendant in light of the defendant's attitude that lacks compliance consciousness and behavior of driving without permission for drinking.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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.

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