beta
(영문) 수원지방법원 2020.12.09 2020노4858

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

A certificate of counterfeit document issued by the Financial Services Commission;

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

2. In full view of the Defendant’s age and happiness environment, relationship with victims, the details and contents of each of the instant crimes, and the overall sentencing conditions (e.g., equity with the case where the judgment becomes final and conclusive at the same time) indicated in the arguments and records, such as the circumstances after the instant crimes, the lower court’s punishment is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as each corresponding part of the judgment of the court below, and thus, they shall be quoted in accordance with Article 369 of

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 225, 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Article 347 (1) and 30 of the Criminal Act, Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (the point of most of criminal proceeds, the choice of imprisonment), the latter part of Article 37 of the Criminal Act, and Article 39 (1) of the Criminal Act, which treat concurrent crimes as concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act for forfeiture;