(영문) 대전지방법원 2015.12.17 2015노1880 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2015.12.17 2015노1880

공문서변조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and three years of suspended execution) is deemed to be too uneasible and unfair.

2. Considering the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) the Defendant has no record of having been punished as a sentence until now; (c) the victim does not want to punish the Defendant; (d) the Defendant is the most likely to raise two children after the divorce; and (e) his/her family members and branch members want to leave the Defendant.

However, despite the fact that the amount acquired by the defendant is a large amount of up to 180 million won, the defendant committed each of the crimes of this case, even though he was punished three times (one fine, one suspended sentence, two times) by fraud, the defendant altered the certificate of ship's nationality, which is an official document, or forged or altered a fishing vessel sales certificate, which is an official document, in order to conceal the crime of fraud, and used it to the victim. In addition, the nature of the crime is not good, and the alteration of the official document or the uttering of the altered official document violates the public credibility of the official document and the State's functions, and there are other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, all of the sentencing conditions such as the crime, etc., and the sentencing guidelines of the Sentencing Committee for each of the crimes of this case, the range of punishment according to the sentencing guidelines set forth in the Financial Services Commission for the crime of this case, the general fraud type 2 (100 million won or more), the sentencing range of the punishment of the indictment or the indictment (1).

In full view of the above, the sentence of the court below is somewhat uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is with merit.

유사 판례

-대구지방법원 2015.03.13 2014노4846

-의정부지방법원 2015.11.04 2015노2234

-서울중앙지방법원 2019.01.25 2018노3544

-대구지방법원 2015.03.19 2015노65

-의정부지방법원 2019.10.31 2019노1948