공전자기록등위작등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in that of the lower court’s imprisonment (one year of suspended sentence).
2. Each of the instant crimes committed by the Defendant is deemed to have forged and used electronic records pertaining to the 42-day leave of absence on five occasions, and is likely to impair the morale of many military personnel who faithfully perform military service, and thus, the nature of each of the instant crimes is not weak.
However, the Defendant, while making a confession of all of the crimes of this case, is against the truth.
The defendant is an initial offender who has no criminal history.
The Defendant appears to have caused each of the instant crimes according to the customary practices that had been met at the time.
There is no concern that the defendant will repeat the same crime by completing military service duty.
In full view of the aforementioned circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable and unfair. Thus, the Defendant’s above assertion is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 227-2 of the Criminal Act (the point of entry of the electronic records for public use) concerning the facts constituting an offense, and Articles 229 and 227-2 of the Criminal Act (the point of holding the electronic records for public use);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Five months of imprisonment to be suspended;
1. In full view of the reasons for sentencing under Article 59(1) of the Criminal Act (the favorable circumstances of the part concerning the reasons for appeal in question) of the suspended sentence, the reasons for sentencing, as well as the reasons for sentencing, is considered.