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(영문) 대전지방법원 2015.06.11 2015노450

사문서위조등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for eight months and a suspended sentence) is too unreasonable.

2. It is recognized that the instant crime was committed by forging the test results of the official agency on the ground that the Defendant needs to submit them rapidly, and that it was submitted to the staff of the Daejeon Center for Technology and Quality Agency for Technology and Technology, and that it is not good to the nature of

However, it appears that the defendant is divided into and against the crime of this case; the defendant still seems to have a possibility of improving his character and behavior as a young age; on July 4, 2008, the Daejeon District Court sentenced a fine of KRW 300,000 to a violation of the Copyright Act by the Daejeon District Court on July 4, 2008, without any particular criminal record; and on the basis of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and on the basis of various sentencing conditions stipulated in Article 51 of the Criminal Act such as the circumstances before and after the crime

3. 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.

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 the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act (the Article 231 and Article 235 of the Criminal Act) and Article 234 of the Criminal Act, the applicable provisions of the indictment in this case, which are applicable provisions of this case, appear to be written in writing under Articles 231 and 234 of the Criminal Act.

§ 231. Selection of each fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).