beta
(영문) 서울동부지방법원 2019.02.13 2018노1765

공문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 6 shall be confiscated.

Reasons

1. The grounds for appeal (e.g., imprisonment with prison labor for one year, confiscation) by the lower court is too unreasonable.

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the role, family relation, and the size of profits acquired from the defendant's criminal act, the court below's punishment seems to be unreasonable, since the defendant's punishment is unreasonable, since it seems that the defendant's punishment is unreasonable, since it is not reasonable, the defendant's assertion of unfair sentencing is justified.

3. The judgment 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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and the summary of evidence are as stated in the corresponding column of the judgment below, except for the alteration of "1. The defendant's partial statement in court" in the column of "the summary of evidence" to "1. The defendant's oral statement in court". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 25 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, each of Articles 347 (1) and 30 of the said Act, Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, each of the choice of punishment for a crime, Articles 225 and 30 of the said Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;