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(영문) 수원지방법원 2017.02.14 2016노7353

사문서위조등

Text

We reverse the judgment of the court below.

Defendant

B Imprisonment for six months and for nine months, each of the defendants A shall be punished by imprisonment.

. The applicant.

Reasons

1. The summary of the grounds for appeal by the Defendants (unfair sentencing) is that the Defendants recognized the mistake of the Defendants, and the corporate bond dealers pressured to collect bonds by forging a lease contract and acquiring money as collateral, thereby committing the crime of forging the instant private document and exercising the above investigation documents, and committing fraud, and the Defendants expressed their intent that most of the money acquired by the corporate bond dealers would bring about most of the money through the instant fraud, and that the victims K andV expressed their intent that they would not want the punishment of the Defendants. In light of the above, the lower court’s punishment of each sentence of imprisonment with labor for five months (the first instance judgment), imprisonment for two months (the second instance judgment), imprisonment for the Defendant, for eight months (the second instance judgment) and for two months (the second instance judgment) and imprisonment for the Defendant (the second instance judgment) is too unreasonable.

2. Prior to the determination of the Defendants’ assertion of reasons for appeal ex officio, each of the judgment of the court below against the Defendants’ respective crimes in the judgment of the court below should be judged at the same time in accordance with Article 38 of the Criminal Act, since each of the crimes in the judgment of the court below against the Defendants was concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered at the same time in accordance with Article 38 of the Criminal

3. The lower court’s conclusion is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendants’ unfair assertion of sentencing, and the lower court’s judgment is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by the Defendants and the summary of the evidence are as stated in each corresponding column of the lower judgment, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. The above Article 231 and Article 30 of the Criminal Act, the exercise of each of the above investigation documents in the judgment of the defendant B as to the selection of punishment for imprisonment: Articles 234, 231, and 30 of the Criminal Act, and the choice of punishment for imprisonment.