사서명위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime without being aware of, even during the period of suspension of execution.
The crime of this case is not suitable because the defendant entered the place of residence of the victim, who is a new wife, and did not comply with the request for withdrawal.
However, the defendant recognizes his mistake and is in profoundly against himself.
The victim and the defendant who stolen the name of the victim and the Dong G do not want to be punished by the defendant.
The defendant is not healthy due to a physical disability, etc.
After this case, the defendant seems to have no longer found the victim.
In addition to these circumstances, considering the Defendant’s age, sex, environment, the process and motive leading up to the instant crime, and all the sentencing conditions as shown in the instant records and arguments, the sentence imposed by the lower court is somewhat unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 319(2), 319(1) ( point of refusing to withdraw), 230 ( point of refusing to exercise official documents), 239(1) (the point of violating the private signature) and 239(2) and 239(1) (the point of exercising the private signature) of the Criminal Act applicable to the crime;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (only between the crimes of intent to affix signature to each of the above investigations);
1. Selection of each sentence of imprisonment with prison labor (with respect to the crime of refusing to comply with the eviction and the crime of illegally engaging in private documents);
1. The former part of Article 37 of the Criminal Code, and Article 38.