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(영문) 의정부지방법원 2015.02.13 2014노2409
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The fact that the Defendant confessions and reflects the instant crime, and that G, the person who is the forged, does not seem to have been actually punished, and the instant crime is in the relation of the crime of fraud established prior to the judgment and the latter concurrent crimes of Article 37 of the Criminal Act, and the fact that the equity between the instant crime and the case where the said judgment becomes final and conclusive under Article 39(1) of the Criminal Act should be considered at the same time for the crime

However, the crime of this case is very poor in the nature of the crime of this case, and the defendant has been sentenced to criminal punishment, including punishment, over a number of times. In full view of all other circumstances, including the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

[However, since it is apparent that the criminal records of the judgment below are omitted from the criminal records of the defendant's repeated crime, the main text of the crime records in accordance with Article 25 (1) of the Regulations on Criminal Procedure is corrected as follows: "The defendant was sentenced on May 23, 2013 by imprisonment with prison labor for six months at the Seoul Eastern District Court on October 24, 2013 (the cancellation of detention at Seongdong-gu District Court on October 10, 2013) and the judgment became final and conclusive on October 24, 2013; on August 21, 2014, the Seoul East East District Court sentenced two months of imprisonment with prison labor and one year of imprisonment with prison labor for fraud, etc. at the Seoul East District Court, which became final and conclusive on August 29, 201

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