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(영문) 의정부지방법원 2014.11.21 2014노2141
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Circumstances, such as the fact that the Defendant’s criminal method was extremely poor, and that the Defendant did not confession of the instant crime until the lower court rendered a judgment.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, occupation, details and circumstances leading to the instant crime, etc., that led to the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, occupation, and circumstances after committing the instant crime, the sentence of the original judgment is excessively unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of punishment for the crime

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (in consideration of the aforementioned circumstances);

(a) Type 1 (Determination of Sentencing of Private Document) (Forgery, Alteration, etc. of Private Document) (Determination of the recommended field) basic area [Determination of the recommended area] from Category 6 months to 2 years [Determination of Suspension of Execution] Main reasons for major reference: positive (no history of criminal punishment)

(b) Second offence (the use of counterfeited private documents) (the determination of types). Private documents shall be forged, altered, etc.

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