사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.
2. In light of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant agreed with E, the nominal owner of the document at the lower court; (c) the Defendant agreed with E, the actual victim of the instant crime; and (d) the Defendant’s age, character and conduct, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court appears to be somewhat unreasonable, since it appears that the Defendant’s argument is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the facts constituting an offense, Article 231 of the Criminal Act, Article 234 of the Criminal Act, and the choice of imprisonment, respectively;
1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is recognized as a favorable condition for the defendant. However, even if the defendant had been punished for the same kind of crime, he/she committed the crime in this case again, even though he/she had the record of punishment for the same crime, and the nature of the crime is heavy, and it is difficult to avoid sentence for the defendant, and the profits of the defendant illegally acquired are large, and other circumstances, such as the motive and circumstance of the crime in this case, the circumstances after the crime, and the age and behavior environment of the defendant, etc., which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments, shall be