사문서위조등
The judgment of the first instance shall be reversed.
The punishment of the accused shall be determined by six months of imprisonment.
except that this judgment.
1. The summary of the grounds of appeal is unreasonable. 2. Prior to the judgment on the grounds of appeal by the defendant, prior to the judgment on the grounds of appeal by the court of appeal, the records show that the defendant, from 2006 to 2006, was in an emergency room due to severe inconvenience, abnormal behavior, etc., and it can be acknowledged that the defendant was diagnosed by depression, anti-competitive disorder, etc. even around 2013. In full view of the circumstances surrounding each of the of the of the of the of the crimes of this case, the defendant's behavior before and after each of the crimes of this case, and circumstances after the crime of this case, etc., it is sufficient to view that the defendant was in a state where the ability to discern things or make decisions was somewhat weak due to the above mental illness, etc., which falls under the grounds of necessary mitigation of punishment, and the judgment of the court of first instance that determined the sentence against the defendant cannot be maintained as it is.
3. According to the conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing, on the grounds of the above ex officio reversal, and the following is again decided after pleading.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant laws concerning criminal facts and the choice of punishment under Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 231 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 10 (2) and (1) of the Criminal Act, Article 55 (1) 3 of the Criminal Act (the selection of a person with a mental disability), which is aggravated for concurrent crimes on January 1, 201, Article 37, the former part of Article 38 (1) 2 and Article 38 (1) 2 of the Criminal Act, which is aggravated for concurrent crimes.