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(영문) 부산지방법원 2018.04.06 2018노212
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the defendant made a confession of all crimes and repents his mistake.

However, the Defendant not only has the history of having been punished several times for the same type of fraud, but also commits each of the crimes of this case in another time without being aware of the period of repeated crime due to fraud, and at the same time, it is the larger amount than 600 million won in total, and the amount of fraud was not recovered from damage, and it was not agreed with the victim, and there is no change of circumstances that may otherwise determine the age, sex, environment, motive, means, and consequence of each of the crimes of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, are considered, and it is not recognized that the lower court’s punishment is unfair because it is too large.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Provided, That among the judgment below, the punishment stipulated in Articles 40 and 50 of the Criminal Procedure Act on January 23, 2015 on the crime subject to the applicable provisions of the Act and subordinate statutes shall be imposed on the crime under the name of S with the largest criminal situation, and the punishment stipulated in the crime of gambling of the above investigation document under the name of S with the largest criminal situation, ② the two crimes of gambling of each of the above investigation documents on June 25, 2015, and the punishment stipulated in the name of the person who committed the crime under the name of W-S with the largest criminal situation shall be corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure).

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