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(영문) 청주지방법원 2015.06.18 2015노324
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant shall take into account the equity in cases where he/she rendered a judgment at the same time as the first head written in the original judgment.

The defendant is responsible for supporting the minor's own consciousness.

In addition to the previous convictions, the defendant has only been sentenced to a fine due to a violation of the Road Traffic Act.

However, there are the following disadvantageous circumstances for the defendant.

The Defendant was punished for the fact that he acquired the borrowed money by taking advantage of the victim G’s trust in relation to the above criminal record, and even though he had the record of stating the victim as a joint and several surety without the victim’s authorization even thereafter, he caused the damage to the victim by the instant crime.

Nevertheless, it is not visible that the defendant directly restored the damage to the victim.

The victims want to be punished by a severe punishment of the defendant.

The defendant is not good to commit a crime by forging documents and using them for fraud.

In addition, taking into account the Defendant’s age, character and conduct, motive and background, means and consequence of the crime, circumstances after the crime, and criminal records, and all of the sentencing conditions indicated in the instant arguments and records, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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