사문서변조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one hundred months of imprisonment and additional collection, etc.) against the Defendant is too unreasonable.
2. The judgment of the court below is based on the following facts: ① The crime of this case was committed by the defendant with the intent to illegally export, closely export, or closely export, 13 vehicles equivalent to KRW 3,40,000 in total by altering the detailed statement of export declaration; ② The crime of this case is not committed in light of the method and scale of the crime; ② The crime of this case may cause additional crimes by inducing those who use the nominal purchaser of a vehicle with the purpose of preparing the money without the intention to actually use the vehicle, or by inducing those who need to use the money, without the intention to use the vehicle, and ③ the defendant has denied the crime related to the alteration of private document at the court below.
However, in light of the following factors: (a) the Defendant recognized all of the instant offenses in the course of trial for about six months, and reflects his mistake in depth through confinement life; (b) the Defendant did not have the same criminal records; (c) the degree of anti-value and ripple effect of the smuggling export crime in comparison with the smuggling import crimes; (d) equity in sentencing with the same similar cases; and (e) other various sentencing conditions in the records of the instant case, such as the Defendant’s age, family environment, and the circumstances before and after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.