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(영문) 광주지방법원 2018.04.25 2018노509
공문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the Defendants is divided into one another; the Defendants agreed with the victim N; Defendant A’s crime is established in relation to the crime of fraud for which judgment has become final and conclusive and the concurrent crimes of the latter part of Article 37 of the Criminal Act; thus, the equity with the case to be judged at the same time under Article 39(1) of the Criminal Act should be taken into account; Defendant B’s primary crime without any criminal history is recognized.

However, the crime of this case is not good; Defendant A again committed the crime of this case even though he had been tried for the same kind of crime at several times; Defendant A committed the crime of this case; Defendant A committed the crime of this case even though the amount of fraud was considerable but did not recover from damage to Defendant D, H, and G up to the depth of the crime; Defendant B’s participation degree; Defendant B’s age, sex and environment; motive, means and consequence of the crime; and other conditions of sentencing specified in the pleadings of this case, such as the circumstances after the crime, are considered, and thus, the sentence of the court below is too unreasonable. Thus, the above assertion by the Defendants is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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