사전자기록등위작등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Determination on the grounds of appeal: (a) Each of the crimes of this case, such as: (b) the Defendant’s act of causing a traffic accident while driving a drunk or unlicensed driving and forging or uttering private documents, etc. as if the Defendant’s sentence E was committed for the purpose of evading punishment; (c) each of the crimes of this case is deemed to be disadvantageous to the Defendant, in light of the method and content of the crime; (d) the degree of crime is not less than that of the crime in light of the method and content of the crime; (e) the blood alcohol concentration is relatively high to 0.186%; (e) the danger of drunk driving is realistic; and (e) the occurrence of a traffic accident
However, in full view of the following circumstances: (a) the Defendant recognized the facts constituting the instant crime, and thus, has been detained for more than two months in this case, and the seriousness of the punishment for each of the instant crimes appears to have been sufficiently impaired; (b) again, there seems to have been efforts to refrain from committing the instant crimes; (c) there is a dependent, including a mother E; and (d) family members wish to have the Defendant’s wife; (d) balance with the general sentencing in the same or similar cases with the sentencing; and (e) other various circumstances, including the Defendant’s age, character and conduct, character, intelligence and environment, motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime, criminal records, family relations, and economic circumstances, etc., it is unreasonable to maintain the sentence as they are, and therefore, it is reasonable to deem that the Defendant’s argument has merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The Court shall have jurisdiction over the summary of the evidence and evidence.