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(영문) 서울중앙지방법원 2020.05.07 2019노2008

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The fact that the defendant committed the instant crime even during the period of suspension of execution, and that the defendant has the capacity to punish 20 times, such as the punishment of the principal offender and the suspension of execution, is disadvantageous to the defendant.

However, when the defendant was in a trial, the defendant agreed with the victim smoothly, and the victim's wife is also the defendant's wife, and the defendant's health is not good after undergoing an extracting surgery.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

【Grounds for the judgment in multiple cases】 Summary of facts constituting a crime and evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of each private document) and Articles 231 and 234 of the Criminal Act (the point of uttering of each private document) and the choice of imprisonment with prison labor;

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

1. Prior to the reason for sentencing under Article 62(1) of the Criminal Act, the overall circumstances as seen above were considered.