사서명위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
The above fine shall be imposed on the defendant.
1. The sentence (6 months of imprisonment and fine 300,000 won) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.
2. In full view of the various circumstances, including the Defendant’s overall circumstances and other circumstances, such as the Defendant’s age, sex, environment, family relationship, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s two-month punishment is deemed unfair, on account of the following factors: (a) the Defendant’s confession and reflects the instant crime; (b) the Defendant has no record of punishment after around August 2010; and (c) the Defendant was detained for two months due to the instant crime; and (d) the Defendant was detained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act (the point of a license for a bicycle without motor device and a fine), Article 239 (1) of the Criminal Act (the point of Article 239 of the Criminal Act), Article 239 (2) and 239 (1) of the Criminal Act concerning the crime;
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in determining the grounds for the above appeal);
1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is determined as ordered in consideration of the various circumstances as seen earlier.
It is so decided as per Disposition for the above reasons.