공문서변조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, confiscation, and collection) imposed by the court below against the defendant is too unreasonable.
2. In full view of all the circumstances that are favorable to the defendant, such as the fact that the vehicle value of the defendant engaged in smuggling export or illegal export is approximately KRW 2.1 billion, the alteration and use of official or private documents for this purpose that is disadvantageous to the defendant, such as the fact that the method of punishment is inferior, and that there is no previous conviction, and that detention of the defendant entails excessive difficulty to his family members, and other favorable circumstances that are shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable, and thus, the defendant's assertion of unfair sentencing is justified.
3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 225 ( point of altered official documents), 229, and 225 of the Criminal Act, Article 231 ( point of uttering of Revised Official Documents), Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 269 (3) 2 and 241 (1) of the Customs Act, Articles 271 (2), 269 (3) 2, and 241 (1) of the Customs Act, Articles 279 (3) 2 and 241 (1) of the Customs Act, Articles 271 (2), 269 (3) 2, and 241 (1) of the Customs Act, Articles 270 (3) and 241 (1) of the Customs Act, Articles 81 (1) and 10 (2) of the Automobile Management Act, selection of a registration license plate, etc.
1. The former part of Article 37 of the Criminal Act among concurrent crimes;