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(영문) 서울서부지방법원 2020.12.24 2020노1046
공문서위조등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

evidence of seizure.

Reasons

1. As to the summary of the grounds for appeal (two years of imprisonment) by the court below, the defendant asserts that the defendant is too unlimited and unfair, and the prosecutor asserts that the prosecutor is too uneasible and unfair.

2. The judgment of the court below is somewhat unreasonable in light of the following factors: the defendant committed the crime of this case, which led to the judgment of the court below. The defendant agreed with the victim C, the defendant has no record of criminal punishment while living in Korea for a considerable period of time, and all kinds of sentencing conditions indicated in the argument of this case, including the defendant's age, character, conduct and environment, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 225, 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, the choice of punishment for a crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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