사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
【Judgment on Grounds for Appeal】
1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.
2. Considering the fact that the Defendant had a record of being punished several times for the same type of crime as the instant crime, and the background, method, and result of the instant crime in light of the forgery of the lease contract under the name of another person and the process, method, and consequence, etc. of the crime by deceiving the money, the Defendant need to be punished with strict punishment.
However, on June 1, 2012, the court below sentenced 8 months to imprisonment with labor for the crime of forging a real estate lease contract and forging private documents by using a forged real estate lease contract in the Suwon District Court's Ansan Branch on June 1, 2012, and decided on April 26, 2013. On February 11, 2014, the judgment was rendered on May 8, 2014 and became final and conclusive on May 8, 2014. Thus, the court below should determine punishment for the crime of this case in consideration of cases where the crime of the above final judgment and the crime of this case are concurrently judged and equity, and the victim did not want the punishment for the defendant, and when considering the fact that the victim did not wish to punish the defendant, the age, character and conduct, occupation and home environment of the defendant, the circumstances of the crime, the result of the crime, and other circumstances after the crime, etc., the court below's judgment is too unreasonable to recognize the sentencing of this case.
3. 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 well-grounded, and the following decision is rendered after pleading.
[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is the same as that stated in each corresponding column of the judgment of the court below, and thus, they shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.