공문서위조등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
seizure.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A recognized a mistake and reflects the fact that there is no record of criminal punishment, and that there is no benefit acquired from each of the crimes of this case, etc., the sentence of the lower court that sentenced Defendant A to imprisonment for a period of two years and six months and forfeiture is excessively unreasonable.
B. In light of the fact that Defendant C recognized the mistake and reflected by Defendant C, the degree of participation in each of the crimes of this case is relatively not more severe, the benefits acquired by the crime is not much high, and the health status is not good, the lower court’s sentence that sentenced Defendant C to imprisonment with prison labor for 2 years and forfeiture is excessively unreasonable.
2. The defendants are both aware of the defendants' mistakes and there is no history of criminal punishment, Defendant C has no record of criminal punishment, Defendant C has no record of criminal punishment for the same kind of crime, the planned leading of each of the crimes of this case is H, etc. The defendants are those who participated in the crime of this case, and the profits acquired by each of the crimes of this case are relatively large, taking into account the following factors: the defendants' age, sexual conduct, environment, degree of damage, motive and circumstance of the crime of this case, and all of the sentencing conditions in the records and arguments of this case, such as the circumstances after the crime, etc., the court below's punishment is too unfair. Thus, the above assertion by the defendants is justified.
3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.
Criminal facts
The summary of the facts charged by the Defendants and the summary of the evidence are as stated in each corresponding column of the lower judgment, and thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The point of Article 225 and Article 30 of the Criminal Act is the same as that of a public document as stated in the pertinent provision of the law and the decision of the choice of punishment for the crime.