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(영문) 수원지방법원 2017.03.29 2016노6561
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The judgment defendant reflects his fault.

In the first instance, both the nominal owner and the other party to the act of signing the above investigation were agreed.

The crime of this case is a concurrent crime between the previous criminal records such as the charge of forging the signature of the company (one year of suspended sentence for four months) as stated in the judgment of the court below (one year of suspended sentence) and the latter part of Article 37 of the Criminal Act, and there is a need to consider

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unlimited and deemed unfair, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes

1. Article 239 (1) of the Criminal Act (the point of Article 239 of the Criminal Act on the crime) and Article 239 (2) and Article 239 (1) of the Criminal Act on the crime (the point of exercising the above investigation signature);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 62 (1) of the Criminal Act on the suspended execution;

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