logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.07.20 2017노1417
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

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

2. Each of the crimes of this case, which the Defendant, forged the disposition documents for the purpose of using them in civil litigation with F and submitted to the court, is a bad crime in light of the motive, circumstance, and method of the crime.

However, in light of the following: (a) the Defendant has recognized his criminal act for the first time in the trial and against mistake; (b) the Defendant has agreed to pay F certain amount in the trial; (c) the above civil procedure has been terminated by withdrawal of F lawsuit; and (d) the Defendant has no record of criminal punishment can be considered as favorable circumstances; and (c) other factors of sentencing as indicated in the instant records and changes theory, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the lower court’s punishment against the Defendant is too unreasonable.

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

[Grounds for the lower judgment] The summary of facts constituting an offense and evidence recognized by the lower court is identical to each corresponding column of the lower judgment, except for the addition of “1.1 Defendant’s trial testimony” to the column for the examination of evidence, and thus, the summary of facts constituting an offense and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the crime of gambling documents of the above investigation on October 5, 2015, between the crimes of gambling documents, between the crimes of gambling documents of each of the above investigation documents, the punishment for the crime of gambling documents of the above investigation documents on or around December 8, 2015, between the crimes of gambling documents of each of the above investigation documents, and the punishment prescribed for the crime of gambling documents of the above investigation documents due to a contract for transfer or takeover of stocks, the criminal situation of which is heavier on or around December 8, 2015)

1. Punishment;

arrow