beta
(영문) 의정부지방법원 2013.08.13 2013노900

사문서위조

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of the original judgment (the fine of KRW 900,000) is too unreasonable.

2. The judgment below seems to be somewhat heavy in full view of the following factors: (a) the defendant committed a crime against the wrong person while committing the crime; (b) there is no other criminal records against the defendant; (c) the defendant did not cause other damage to C or E, the document titleholder, due to the crime in this case; and (d) the defendant appears to have caused the crime in this case upon the defendant's active demand by the complainant; and (c) other factors of sentencing as indicated in this case, such as the defendant's age, character and conduct, occupation and environment, the result of the crime, and

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act and Article 231 of the same Act concerning criminal facts and the choice of fines;

1. Penalty fine of 900,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);