사문서위조등
The judgment below
Part concerning the first, second, and fifth crimes in the judgment of the court of first instance shall be reversed.
The defendant is against the first, second, and fifth crimes at the time of the original adjudication.
1. The summary of the grounds for appeal (e.g., the 1, 2 and 5 of the original judgment) of the lower court against the Defendant is too unreasonable. It is unfair that the sentence of the lower court against the Defendant (e.g., the 1, 2 and 5 of imprisonment, and the 3 and 4 of the original adjudication) is too unreasonable.
2. Determination
A. Although the nature of the crime is not good in light of the content of the crime of forging private documents and uttering of the above investigation document at the time of original adjudication, the defendant's criminal facts are recognized and in depth, the court below deposited 5 million won for the holder D of the title of the document in the document in the court below, and deposited 5 million won additionally at the court below, and there is no record of punishment exceeding the fine prior to each of the crimes in this part, and there is no record of punishment prior to each of the crimes in light of the following circumstances: the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment on this part seems to be somewhat unreasonable. Thus, this part of the defendant's argument is justified.
B. Although the part of the crime of Articles 3 and 4 at the time of the original adjudication, the defendant committed the crime of this part without being aware of the fact even though he was in the repeated crime period, the defendant committed the crime of this part without being aware of the fact that he was in the repeated crime, and the defendant had several records of punishment for the vehicle-related crimes, the crime of unlawful use of air defense is limited to imprisonment, and other various circumstances, which are the conditions of sentencing as shown in the records, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, are considered as being committed, and thus, it cannot be deemed unfair because the sentence of the court below on this part is too
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading, since the defendant's appeal against the first, second, and fifth crimes in the judgment of the court below is well-grounded.