공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The seized Aphone X 1 (No. 1) and the Financial Services Commission.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case is an unfavorable circumstance where the crime of this case is committed in a systematic and systematic manner against many unspecified victims, with the need to be punished strictly. The Defendant assumes the position of staff of the Financial Services Commission by forging an official document and takes charge of the role of collecting cash, etc.
However, in full view of the favorable circumstances, such as the confession of the instant crime and the Defendant’s mistake against their depth, the actual profit therefrom, the payment of part of the damages to the victim (the amount of money damage to the victim is agreed to be repaid in the future) and the victim’s original agreement (the following day of the lower judgment), the circumstance leading up to the instant crime, the Defendant’s age, character and conduct, the environment, and the circumstances after the instant crime, etc., the lower court’s punishment is deemed to be heavy.
3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
(A) Although the appeal by the prosecutor is without merit, the appeal by the defendant is accepted, and thus the decision of the court below is reversed, the appeal by the prosecutor is not dismissed in the disposition). [The reason why the decision is multiple] Criminal facts and summary of evidence is the same as the entry in the corresponding column of the judgment of the court below, and thus, the summary of facts and evidence recognized by the court
Application of Statutes
1. Relevant Article 225 of the Criminal Act concerning criminal facts, the choice of punishment, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 347 of the Criminal Act