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(영문) 대전지방법원 2014.04.24 2014노506

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.

2. The crime of this case is not likely to be committed by the Defendant, at the end of the dispute surrounding the economic interest relationship with the victim, with the intent of forging a document in the name of the victim, claiming a false title, filing a lawsuit with the court, and having the victim punished.

However, in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means, consequence, etc., the sentence imposed by the court below against the defendant is too unreasonable, since it is recognized that the sentence imposed by the defendant is too unreasonable, since it is too unreasonable, the defendant's above argument is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 352 and 347(1) of the Criminal Act, the choice of punishment for the crime, Articles 156 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for the crime, Articles 352 and 347(1) of the Criminal Act, the choice of punishment

1. The crime of false accusation is committed, since the confession under Articles 157, 153, and 55(1)3 of the Criminal Act, is made.