공정증서원본불실기재등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.
2. The lower court’s sentence is somewhat unreasonable in light of the following factors: (a) the Defendant committed the instant crime: (b) the appearance of his personal relationship against the F’s will is small, resulting in the risk of forming a wrong legal relationship; (c) however, the Defendant has no record of criminal punishment for the same kind of crime; (d) the Defendant’s age, sex, sex, environment, method and background of the crime; (e) the degree of participation in the crime; (e) equity in punishment among accomplices; and (e) circumstances after the crime, etc., the sentence imposed on the Defendant is somewhat unreasonable.
3. According to the 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 well-grounded, and the following is ruled again after pleading.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence admitted by this court is as follows: the summary of the evidence is as follows: “1. The Defendant’s partial statement in the court of first instance” as “1. The Defendant’s oral statement in the court of first instance”; and the deletion of conduct No. 4 through No. 15 is as stated in each corresponding column of the judgment of the court below, except for deletion of conduct No. 3. 3. 4 through No. 15.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 228(1), 30 (a), 229, 228(1), and 30 (a), and 228(2) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;