logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.16 2019노1427
공문서위조등
Text

The judgment of the court below is reversed.

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

Seized evidence 1 to 3 shall be confiscated, respectively.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and confiscation) of the lower court is too unreasonable.

Judgment

Although Bosing crimes are committed in intelligence, planned, and organized, and social harm and harm is likely to occur, it is widely spread due to difficulties in suppression, prevention, and recovery of damage, and there is a high need to strictly punish even if only part of the crime is involved in the crime.

However, it seems that the defendant did not have much profits from each of the crimes in this case, and it is the first crime, and it is recognized and against the mistake.

In the trial, the court agreed to pay the full amount of the defrauded to the victim of the crime of fraud.

In full view of other circumstances, which are the conditions for sentencing as shown in records and pleadings, the sentence imposed by the court below is deemed unfair.

Defendant’s assertion is with merit.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 225, 30 of the Criminal Act, Articles 231, 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 231, and 225, 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 352, 347 (1), and 30 of the Criminal Act, Articles 357 (1), and 30 of the Criminal Act, Articles 352, and 347 (1), and 30 of the Criminal Act, respectively, concerning the criminal facts;

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;

arrow