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(영문) 서울동부지방법원 2019.08.22 2019노542
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) by the lower court is too unreasonable.

2. There is a reason for sentencing that can be considered disadvantageous to the defendant, such as the fact that there is a big social harm caused by telephone fraud, fabrication and uttering of official document, etc.

However, prior to the instant case, it appears that the Defendant, without any previous conviction, has lived in good faith with the university students; the Defendant’s profits from the crime are considerably small compared to the amount of damage or the profits the principal offender suffered; the victims do not want to punish the Defendant; and the victims are detained for a considerable period up to the trial; and the Defendant appears to have sufficient opportunity to reflect, etc., in light of all the reasons for sentencing specified in the records and arguments of the instant case, the lower court’s punishment is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 347(1) and Article 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Article 3(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act, Article 30 of the Criminal Act,

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

1. Article 62(1) of the Criminal Act:

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