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(영문) 인천지방법원 2015.08.12 2015노2221

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal record of imprisonment without prison labor or more, and that the defendant has received a letter from the holder of the private document forgery case, the sentence of the court below is too unreasonable.

Therefore, 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

Criminal facts

The gist of the evidence and the facts charged by the defendant and the summary of the evidence are as stated in each corresponding column except where the "the fifth degree of relative" in the non-section of Paragraph 6 of Table 1 of the crime sight table 1 of the judgment of the court below is "the fourth degree of relative". Thus, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 231, 234, 347 (1), and 329 of the Criminal Act and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;