Defendant

Defendant

Persons who have luminoused, damaged (each indictments), and transferred to a new trial;

Law Firm Hancheon, Attorney Yoon-cheon

Incheon District Court Decision 2016Da6911, 9106 (Consolidated) and application for compensation order 2016 early 3168 Decided June 21, 2017

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

The fact that the defendant agreed with the victims, that the defendant both recognized and reflecteds his mistake, and that each of the crimes of this case is in the relation of forgery of private documents and the latter concurrent crimes of Article 37 of the Criminal Act, which became final and conclusive on July 29, 2016, can be considered in favor of the defendant in determining the punishment.

On the other hand, the total amount of damage caused by the instant case exceeds KRW 200 million, the damage to the non-indicted victim has not been considerably recovered, the fraud crime listed in paragraph (1) of the judgment in the 100 million ground is committed during the period of repeated crime due to the same crime, and the defendant has a record of criminal punishment at least 12 times, and the four times among them is the penalty power for the fraud crime, which is disadvantageous to the defendant.

In addition to the above circumstances, taking account of the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Dong-jin (Presiding Judge)