자격모용사문서작성등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.
2. The fact that the nature of the crime of this case is not good, and that the amount of damage caused by the crime of this case is large and the victim P want to be punished by severe punishment against the defendant is disadvantageous to the defendant.
However, in full view of the circumstances surrounding the instant crime, circumstances after the instant crime, Defendant’s age, environment, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, it appears that the Defendant’s assertion is unreasonable, inasmuch as it appears that the Defendant’s punishment is somewhat unreasonable, in full view of various sentencing conditions indicated in the instant argument, such as the circumstance of the instant crime, circumstance after the instant crime, Defendant’s age, environment, etc., including the fact that the said victim did not want the punishment of the Defendant by mutual consent with the victim B when the judgment was finalized.
3. In 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 with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for a crime, the choice of punishment for a crime
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;