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(영문) 서울북부지방법원 2020.08.28 2020노936

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of this case contains circumstances unfavorable to the defendant, such as: (a) the defendant prepares a lease contract by gathering the qualification of the representative of a licensed real estate agent office in order to obtain the obligee's demand for repayment of obligation or delay of payment due date; (b) he/she uses it by forging the lease contract under the name of M; and (c) when the obligee J applies for a seizure and collection order against B, which is entered as a lessor under the lease contract prepared by the obligee J with the above qualification ambiguous; (d) the case is not easy in light of the circumstances, method, contents, etc. of the crime; (e) the document prepared or forged by the defendant was related to disposal documents or litigation, which could cause property damage to the counterfeited party; and (e) the other party to the exercise of legitimate rights such as debt collection, etc. against the obligee who is the other party to the exercise of each of the above documents; and (e) the defendant fails to obtain a letter of demand from the obligee who is the other party to the exercise of the above documents; and (e) the defendant has any past

However, all of the crimes of this case showed the attitude of the defendant to seriously reflect his mistake while recognizing all of the crimes of this case, and the person who prepared qualification and personal document does not want to be punished by the defendant, but it seems that B does not want to be punished by the defendant, and that there seems to be clear social relation between B and the defendant, and that if the defendant is detained for a long time, it would result in excessive difficulty for his dependants (spouse and three children). The two previous crimes of this case are ten years.