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(영문) 서울중앙지방법원 2015.08.21 2015노2043
사문서위조등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the sentencing of the first instance court on Defendant A, B, and B (Defendant A: Imprisonment of one year and two months, and Defendant B: Imprisonment of eight months), the above Defendants appealed on the grounds that it is too unreasonable.

B. As to the sentencing of the first instance court (six months of imprisonment) against Defendant C and the Prosecutor C, the Prosecutor appealed on the ground that it is too uneasible and unreasonable, on the grounds that Defendant C is too unreasonable.

2. Determination

A. Although Defendants’ part A and B are contrary to the Defendants, considering the following circumstances: (a) the distribution business of “TW chips” which encourage various criminal acts; (b) the degree of and degree of participation in the crime; and (c) the conditions for sentencing as indicated in the records, such as the Defendants’ age, character and conduct, environment, and criminal record, the sentencing of the first instance court against the Defendants is too unreasonable. Therefore, the Defendants’ assertion of unfair sentencing is without merit.

B. We examine both the prosecutor and Defendant C’s assertion of unreasonable sentencing.

Defendant

In full view of the circumstances that led to C to the instant case, the commission of the instant crime during the period of repeated offense, the seriousness and degree of the offense, the confession and the misunderstanding of Defendant C in depth, the degree and cooperation in the investigation of the offense, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, and criminal record, the first instance sentencing of Defendant C is deemed appropriate, too somewhat somewhat weak or unreasonable, and thus, the grounds for unfair sentencing by Prosecutor and Defendant C are without merit.

3. In conclusion, the appeal against the Defendant C by the Defendants and the Prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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