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(영문) 전주지방법원 2016.07.01 2015노1166
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, and observation of protection) is too unreasonable.

2. Determination is a favorable condition for the defendant, such as the fact that the defendant recognized the crime of this case and reflects the mistake in depth, the fact that the defendant does not want the punishment of the defendant, and that the defendant must support the two children of the minor person.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) by forging and using a proxy form in the name of F, the defendant's life-friendly, entered the false fact that the guarantor of the joint and several guarantee certificate of monetary consumption and loan contract is F; and (b) the fact that the crime of this case is not less than that of the defendant; (c) the defendant has already been subject to criminal punishment three times; (d) the defendant committed the crime of this case without being aware of the fact that he had already been subject to criminal punishment; (e) the amount of debt on the aforementioned certificate of the fairness of monetary consumption and loan contract exceeds 52 million won; and (e) the F's wage claim which is a public official due to the crime of this case is seized and collected, etc.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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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