beta
(영문) 부산지방법원 2014.03.20 2013노4295

사문서위조등

Text

The judgment of the court below is reversed.

The sentence of each sentence against the Defendants shall be suspended.

Reasons

1. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal (a fine of 2.5 million won, a fine of 1.5 million won, and a fine of 1.5 million won) is too unreasonable.

2. The judgment of the court below is too unreasonable in light of the following circumstances: (a) the Defendants forged a contract certificate as if they entered into a computer program use contract with I limited company for the approval of the curriculum of the National Non-Support Private Teaching Institutes conducted by the Ministry of Employment and Labor; (b) the Defendants entered into a computer program use contract with I limited company and the period of the crime as stated in the judgment of the court below, as well as with I limited company; (c) the use of the emotional program is deemed not a core element that directly affects the acceptance of the above curriculum approval; (d) the Defendants had little history of punishment; and (e) the details and background of the instant crime, the relationship with H, the relationship with the complainant, and the age and occupation of the Defendants.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.

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 relevant to the facts constituting an offense and the selection of punishment;

A. Article 231 of the Criminal Act (Article 231 of the Act on the Aggravated Punishment, etc. of Private Document), Articles 234 and 231 of the Criminal Act (Article 231 of the Act on the Aggravated Punishment, etc. of Specific Document) and Article 30 of the Criminal Act with respect to the

B. Article 231 of the Criminal Code (the Article 231 of the Private Document) and Articles 234 and 231 of the Criminal Code (the point of exercising the private investigation document and the choice of each fine) of the Criminal Code as stated in paragraph (2) of the judgment of the court

1. The former part of Article 37 and Article 38 of the Criminal Code among concurrent crimes.