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(영문) 서울남부지방법원 2016.04.22 2015노1873
공문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (6 months of imprisonment, 6 months of confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The fact that the defendant recognized his mistake and could have been judged simultaneously with the crime for which the judgment became final and conclusive is an element of sentencing favorable to the defendant.

However, the crime of this case was committed in the course of committing the crime of several hundred billion won and escape abroad, and its nature is not good, and the crime of this case was sentenced to imprisonment on April 28, 2004 at the Incheon District Court to the same kind of crime and two years of suspended execution, and again committed the crime of this case during the suspended execution period, and thus, is an unfavorable sentencing factor against the defendant.

In addition, considering various sentencing conditions in the instant case, such as the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court does not seem to be unfair due to its appropriate and excessive reason.

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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