공문서위조등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
Defendants shall be punished by imprisonment for three years.
1. Improper sentencing (the original judgment shall be punished by imprisonment with prison labor for up to three years and six months, and confiscation);
2. The crime of this case is not the quality of the crime due to the phishing crime against many and unspecified persons, and the degree of the Defendants’ participation is not weak, and the damage amount is not much significant, which is disadvantageous to the Defendants.
However, in full view of the various circumstances indicated in the argument of this case, including the fact that the crime is recognized, the benefit acquired by the defendants out of the amount of damage seems to be relatively small, and the agreement was reached with some victims and the defendant A further agreement was reached in the appellate court in the case of the defendant A, the sentence imposed by the court below is unreasonable.
3. In conclusion, the part of the judgment of the court below excluding the compensation order among the defendants under Article 364(6) of the Criminal Procedure Act is reversed, and the defendants' appeal is determined as follows after pleading (the prosecutor's appeal shall not be dismissed separately to the extent that the defendants' improper assertion of sentencing is accepted). [Re-written judgment] Criminal facts and summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, the summary of criminal facts and evidence recognized by the court is the same as that of the corresponding column of the judgment of the court below. Thus, they
Application of Statutes
1. Relevant legal provisions and the defendant A who has selected a punishment for the crime: Articles 347(1) and 30 of the Criminal Act (the fraud, the selection of punishment by imprisonment), Articles 225 and 30 of the Criminal Act (the fact of Article 34), Articles 231 and 30 of the Criminal Act (the fact of Article 231 of the Criminal Act, the choice of imprisonment), Articles 234, 231, and 30 of the Criminal Act (the fact of exercising the above investigation document, the selection of imprisonment), Articles 347(1) and 30 of the Criminal Act (the fact of fraud, the selection of punishment by imprisonment), Articles 225 and 30 (the fact of Article 25 of the Criminal Act), and Articles 29, 25 and 230 (the fact of forgery of official document) of the Criminal Act
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act.