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(영문) 광주지방법원 2016.08.31 2016노2109
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is a favorable circumstance where the Defendant properly recognized and reflected his mistake, there are reasonable grounds for considering the circumstances leading to the instant crime, and the Defendant is an initial criminal without any previous conviction.

On the other hand, the court below seems to have determined a punishment in consideration of such favorable circumstances, and there is no change of circumstances that may be newly considered in sentencing after the decision of the court below, and the crime of this case is committed by the defendant with the forgery of a private document under the name of another person, the false fact is recorded in the register using the forged private document, and the crime of this case is committed by the defendant through the use of it, and it is not good in the nature of the crime, and the public trust of the real estate register, which is an official electronic record, is damaged due to the crime of this case, and the defendant did not agree with the victim up to the trial of the party, and did not take any particular measures to recover from damage.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too too unreasonable, and thus, 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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