사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.
Judgment
The crime of this case is committed by acquiring money from a victim in a considerable amount of money which is an important document with high social credibility by forging and uttering a judgment that is an important document with high social credibility. It is not good that the crime of this case is committed, the fact that there is no agreement with the victim, and the fact that the defendant has a record of punishment for the same kind of crime is disadvantageous to the defendant.
However, there are extenuating circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake in depth, and that the Defendant deposited KRW 10 million for the victim in the trial.
In this context, in full view of all the sentencing conditions, including the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission, the category 1 (less than KRW 100 million), the special sentencing person (where the criminal sentencing method is extremely poor), the decision-making of the recommended area (aggravated area), the scope of the recommended sentence (1 to 26 months), the Defendant’s age, character and behavior, environment, circumstances before and after the instant crime, etc., the sentence of the court below is somewhat unreasonable.
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 following is ruled again.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 225 of the Criminal Act, the choice of punishment for the crime, Articles 229 and 225 of the Criminal Act, and Article 347 (1) of the Criminal Act (the occupation of fraud and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;