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(영문) 대전지방법원 2021.03.17 2021노53

공문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The court below determined the above punishment based on the reasons for sentencing unfavorable to the defendant, i.e., a very poor motive for committing the crime, and the necessity of severe punishment for the crime of forging the official document, etc.

In addition to the fact that it is difficult to see the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant Articles 225 and 225 of the Criminal Act concerning the facts constituting an offense and Articles 225 and 229 and 225 of the Criminal Act (the point of uttering of forged official documents);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;