사문서위조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The sentence of the court below (two months of imprisonment, two years of suspended execution, two years of probation) against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In view of the circumstances that the Defendant committed each of the instant crimes for a long time from September 2014 to May 2015, and that resulting in inconvenience to the occupants of apartments, the responsibility is not somewhat weak.
However, the defendant recognized all of the crimes of this case, and reflects his mistake, and the defendant has no record of being punished for a fine exceeding the fine since 1977.
The Defendant was already sentenced to a number of fines in the same and similar cases.
In addition, considering all the sentencing conditions in this case, such as the age, character and conduct, family relationship, motive and attitude of the defendant, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Reasons for the Judgment of multiple times】 Since the facts constituting a crime and the summary of evidence are the same as the corresponding column of the judgment of the court below, it shall be quoted as it is in accordance with Article 3
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 231 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 of the Criminal Act, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As seen in the determination of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as per the order shall be determined on the same grounds as indicated in the judgment on the allegation of unfair sentencing.