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(영문) 전주지방법원 2019.01.10 2018노1312
사서명위조등
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant A’s sentence (the Defendant A’s imprisonment with prison labor of 10 months) is too unreasonable.

B. The lower court’s sentence (as above, Defendant A’s above-mentioned, Defendant B’s fine of KRW 1 million) against the Defendants is too uneased and unreasonable.

2. Even if examining the sentencing data additionally submitted at the trial of the judgment party, there is no change in the sentencing conditions compared to the judgment of the court below, and the circumstances alleged by the defendant A and the prosecutor on the grounds of unfair sentencing are deemed to have already been reflected in the grounds for sentencing of the court below. In full view of the fact that the defendant A again committed the instant crime without being aware of even though he was under the suspension of execution due to the same kind of crime, and other various sentencing conditions indicated in the records, such as the defendants’ age, character and conduct, environment, and circumstances leading to the instant crime, etc., the sentence of the court below is too heavy or unhued, and thus

Therefore, each of the defendants' respective arguments on unfair sentencing against the defendants A and prosecutor is rejected.

3. In conclusion, since each appeal against the Defendants by Defendant A and the Prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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