유가증권변조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The Defendant had modified and exercised a promissory note, which is a crime detrimental to the trust of the society in terms of the transaction order of the promissory note and the authenticity of the promissory note.
However, the Defendant agreed with L/C as the final holder of the Promissory Notes in this case.
Defendant reflects on crimes.
Defendant does not have any other criminal record than twice a fine, and has no same criminal record.
In addition, the sentence of the court below is too unreasonable in light of all other circumstances such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows, except for the alteration of "the defendant's partial statement" in the summary of the evidence of the court below to "the defendant's trial testimony" as "the defendant's trial testimony", and therefore, it is identical to the corresponding parts of the court below's judgment. Thus, it is cited
Application of Statutes
1. Article 214(1) of the Criminal Act applicable to the crime (the alteration of securities by pay) and Articles 217 and 214(1) of the Criminal Act (the exercise of securities by mistake) of the same Act concerning the crime;
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 62 (1) of the Criminal Act on the suspended execution;