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(영문) 서울북부지방법원 2013.05.01 2013노348

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In full view of the determination on the grounds of appeal, the Defendant’s first-class confessions the instant crime into a first-class offender, and the Defendant’s assertion is unreasonable since the Defendant’s punishment imposed by the lower court is too unreasonable, in so doing, is unreasonable as it is based on the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the recovery of substantial damage, including the victim’s agreement, was made at the trial; and (c) the Defendant’s age, character,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, and Articles 229 and 228 (1) of the Criminal Act concerning the facts constituting an offense (a point of exercising the original of an authentic deed) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the uttering of a falsified investigative document concerning each crime of uttering of a falsified investigative document, and a real estate donation contract with the largest criminal situation shall be imposed);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act concerning the fabrication of private documents concerning a private document concerning a contract for donation of real estate, which is the largest offense);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of favorable circumstances examined in the grounds for reversal);