Prison sentence of 2 years upheld for defendants who took part in forging foreigner registration cards

Who this helps

This may help people curious about how an appeals court handled a claim that a sentence was too heavy in an alien registration card forgery case.

Case overview

Case number

2020노3203

Court

Daegu District Court

Date of judgment

Dec 17, 2020 (Thu)

Topic

Criminal Cases

Original title (Korean)

외국인등록증 위조에 조직적으로 가담한 피고인들에게 징역 2년의 실형을 선고한…

The defendants forged several foreigner registration cards together with a forger of such cards. They then handed the forged cards to the people who ordered them. The first-instance court sentenced each defendant to 2 years in prison without suspension. The defendants appealed, saying the sentence was too heavy.

Is an appeal that a sentence is too heavy accepted in an alien registration card forgery case?

The defendants conspired with a forger, made many alien registration cards and handed them to the people who ordered them. The first-instance court gave each a two-year prison sentence. The defendants appealed, saying the sentence was too heavy. The appeals court looked at the nature of the crime, their level of involvement and the number of offenses. It found the sentence hard to call too heavy.

How the court ruled

The appeal court examined the nature of the defendants' crimes, the extent of their involvement and the number of offenses. It found that the sentence set by the first-instance court could not be regarded as too heavy. It therefore dismissed the defendants' appeal.

What to check in a similar situation

Details of the criminal appeal process and the judgment can be checked at the court concerned. Matters about alien registration cards themselves can be checked at an immigration or foreigner-related office.

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• Contacts: Korea Legal Aid Corporation 132

Terms explained

appeal

A step where a party asks a higher court to review a first-instance judgment.

dismissal of appeal

The reasons for the appeal are not accepted, so the first-instance judgment stays as it is.

prison sentence without suspension

A sentence actually served in prison, with no postponement of its execution.

alien registration card

A document proving that a foreign national is registered in Korea. It is the document forged in this case.

More rulings on this topic

• Ruling sentencing a defendant to 1 year in prison for illegal entry, illegal stay and aiding another person's illegal entry · Busan District Court
• Students' submission of bank balance certificate found to be an application by improper means · Seoul Eastern District Court
• Court upholds departure order for foreign national fined for drunk driving · Daegu District Court

See all 28 rulings on Criminal Cases →

Frequently asked questions

Who filed the appeal?

The defendants who took part in the forgery appealed, saying their sentences were too heavy.

How did the appeals court rule?

It looked at the nature of the crime, their level of involvement and the number of offenses. It found the first-instance sentence hard to call too heavy and dismissed the appeal.

Does this result apply directly to similar cases?

It is the ruling in this case only and does not apply directly to other cases.