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(영문) 수원지방법원 2019.07.24 2019노2590
공문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment with prison labor for the crime of forging official documents in the market and five years of imprisonment with prison labor for the remaining crimes) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, there was a history that the Defendant was punished several times due to fraud, forgery of documents, etc. under the same law, and each of the instant crimes was committed during the repeated crime period, and the fact that the Defendant committed the instant crimes during the repeated crime period, a majority of the crimes committed by the Defendant, planned, and the victim was not recovered entirely), the lower court’s sentencing is too excessive and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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