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(영문) 인천지방법원 2015.03.19 2014노3681
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Before the judgment on the grounds of appeal for the judgment, we examine ex officio prior to the judgment on the grounds of appeal. The facts charged in this case is a case where the defendant forged or uses private documents using H, a third party, in the form of indirect principal offender, but the applicable provisions of the judgment of the court below did not contain "Articles 34(1) and 31(1) of the Criminal Act", and thus the judgment of the court below cannot

(3) The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

Since the main text of the judgment of the court below is the same as the corresponding column of the judgment below, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 231, 34 (1), and 31 (1) of the Criminal Act (the occupation of aiding and abetting private documents), Articles 234, 231, 34 (1), and 31 (1) of the Criminal Act (the occupation of uttering of falsified investigation documents), the selection of fines, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant is led to confessions and reflects in the grounds for sentencing; (b) the F and Civil Litigation are proceeding; and (c) the Defendant’s age, character and conduct; (d) the motive, means and consequence of the instant crime; and (e) the circumstances after

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