공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and three months.
The request for remedy order by C which is an applicant for compensation shall be dismissed.
1. The judgment below rejected the application for compensation filed by B, which is the applicant for compensation, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately. Thus, the part of the judgment below's rejection of the above application for compensation in the judgment below
2. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.
3. Determination
A. We examine the judgment on the grounds for appeal regarding the accused case, the Defendant did not know the fact that the Defendant had been punished several times as a crime of fraud, but did not know about the fact that the Defendant committed the instant crime during the repeated crime period, and the Defendant acquired a total of KRW 145,80,00 from 15 victims, and forged and used the official document to facilitate the crime, and thereby hindering legitimate judicial procedures by concealing the offender. In light of the circumstances and contents of the crime, the period of the crime, and the scale of damage, etc., it is recognized that the responsibility for the crime is heavy, and that the Defendant did not properly recover from the damage.
However, in full view of the following factors: (a) the Defendant led to the confession of all the crimes and divided his mistake; (b) the Defendant did not want the punishment against the Defendant in the trial of the party; (c) partially repaid the money to the victim’s BF; and (d) the transfer of the name of the vehicle purchased from the Defendant in the trial of the party to the Defendant to the Defendant; and (c) other factors of sentencing as shown in the proceedings of the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's argument is justified.
B. Judgment of the court below on the part of the compensation order.