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(영문) 서울중앙지방법원 2016.07.26 2015노4919

공문서위조등

Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1, 8, or 9 shall be confiscated.

Reasons

1. The sentence sentenced by the first instance court (a three-year imprisonment, confiscation) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The crime of this case, by misrepresenting the conclusion of the exclusive contract with a famous artist, by deceiving him by forging and uttering an official document and private document, is not very good that the crime of this case is committed by deceiving the two victims about a sum of KRW 788,45 million. The Defendant committed the crime of this case, even though he had already been punished by imprisonment with prison labor due to the same kind of fraud, etc., is an element of sentencing unfavorable to the Defendant.

However, in light of the Defendant’s age, sex, environment, circumstances, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the first instance court is somewhat heavy.

The decision is judged.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

In other words, the criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 255 and 30 of the Criminal Act, Article 231 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Article 347 (1) of the Criminal Act, and Articles 234 and 231 of the Criminal Act, as to the facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (any crime committed simultaneously with the judgment of the court)

1. Selection of each sentence of imprisonment with prison labor (the crime of forging each private document);