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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.10.26 2016노2790
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (5 million won of fine) is too unreasonable.

B. Although Defendant B asked Defendant A to forge the grade table to be forged on or around December 2010, Defendant A refused the above request, Defendant A conspired with Defendant A to forge and use the grade notice slip as stated in the facts charged, the lower court found Defendant B guilty of charges against Defendant B. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court on the Defendant A’s assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, in light of the following: (a) there is no change in the conditions of sentencing compared to the original judgment on the grounds that new sentencing materials have not been submitted at the trial court; (b) considering the following circumstances, including Defendant A’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the lower court’s sentencing is deemed appropriate; and (d) the lower court’s sentencing is too unreasonable and does not seem to exceed the reasonable scope of discretion.

Therefore, Defendant A’s above assertion is without merit.

3. Judgment on Defendant B’s assertion of mistake of facts

A. At around December 2010, Defendant B asked Defendant A to forge the performance notification table of his College Ability Test on the summary of the facts charged, Defendant B entered the examination number, name, and resident registration number of Defendant A provided by Defendant A in the format of the grade notification slip of the College Ability Test using a written program with the following attached to the computer at an irregular place.

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