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(영문) 춘천지방법원 강릉지원 2015.02.10 2014노585

공문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair punishment)’s imprisonment (six months of imprisonment) is too unreasonable.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

2. In this case, the defendant's use of a certified copy or abstract of resident registration in order to transfer the ownership of the land already owned by the deceased, which is disadvantageous to the defendant, such as the fact that the crime was inferior in light of the method and circumstances of the crime, and that the defendant has a record of punishment for the same crime

However, in full view of the sentencing conditions in the instant case, including the Defendant’s age, occupation, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable, as it is too unreasonable, in light of the following factors: (a) the Defendant’s confession of the crime; (b) there was no criminal conviction; and (c) the fact of forging documents was discovered in the process of applying for ownership transfer registration;

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act applicable to the facts constituting an offense, Articles 229 and 225 of the Criminal Act;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;