사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.
2. The Defendant committed multiple crimes of forging private documents, uttering of a falsified document, and fraud for a considerable period of time.
In light of the details and methods of each of the crimes in this case, and the scale of damage, the criminal quality of the defendant is not good.
Since around 2014, the defendant has been punished four times for a crime of fraud, which is the same kind of crime.
However, the defendant shows his attitude to reflect each of the crimes in this case.
In the past, the defendant did not want the above victim's punishment against the defendant by mutual consent with the victim P, and the victim B does not want the punishment against the defendant by compensating for 2,7780,000 won to the lender of each crime of fraud in this case, interest on the nominal owner of each crime of forging each of the private documents in this case.
In full view of the above circumstances and the defendant's age, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of excercise of the above investigation document), and Article 347(1) of the Criminal Act (the point of fraud) of the same Act concerning criminal facts. The choice of imprisonment with prison labor is an option;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.