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(영문) 서울동부지방법원 2013.12.06 2013노1161

공문서위조등

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Although there are circumstances unfavorable to the Defendant, such as the charge of the instant crime committed by forging the official document of the court, such as judgment, seizure and assignment order, for the purpose of deceiving the Defendant and receiving money by forging the judgment of transfer and takeover contract, etc., and also forging the official document of the court, such as the court decision, seizure and assignment order, and the money acquired by the victim (30 million won) is a large amount of money, there are considerable circumstances to be unfavorable to the Defendant. However, the Defendant is a person who has no record of criminal punishment prior to the instant case, and the Defendant is a person who has no record of criminal punishment prior to the instant case; the Defendant has agreed to pay 30 million won to the victim at the time of the trial; the Defendant’s family form is sufficiently sufficient; and other circumstances such as the motive and circumstance leading up to the instant crime; the Defendant’s age before and after the instant crime; the Defendant’s age, character and conduct, occupation, occupation, and family relationship; and the sentencing conditions indicated in the records are considered as inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Relevant Articles 347(1)(Fraud), 231(a) of the Criminal Act, Articles 234 and 231(a) of the Criminal Act, Article 225(a) of the Criminal Act, Article 229 and Article 225 of the Criminal Act for criminal facts.