사문서위조등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment.
1. The court below's scope of adjudication in this Court dismissed an application for compensation filed by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed portion is excluded from the scope
2. The summary of the grounds for appeal (in both cases of unfair sentencing) by the lower court (one year of imprisonment) is too minor or unreasonable.
3. Each of the crimes of this case in question is not against the defendant's responsibility due to the failure of the manual.
However, the defendant is against his criminal act.
The Defendant deposited KRW 10 million on behalf of the victim in the lower court and agreed with the victim on the condition that the payment of the agreed amount would be completed by August 15, 2019, on the condition that the agreed amount would be determined as the agreed amount, and the terms and conditions of the agreed amount would be faithfully fulfilled.
There is no history of punishment exceeding the same criminal power or fine and there is a family member to support the defendant.
Considering these circumstances, the sentence of the court below is deemed unfair.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
(Public prosecutor’s appeal is without merit, but the original judgment is accepted by the defendant and reversed, and thus, the public prosecutor’s appeal is not dismissed in the disposition). [Judgment in multiple times] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by this court, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, the choice of criminal facts, the choice of punishment, etc.