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(영문) 광주지방법원 2017.08.24 2017노2524
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The conclusion that the Defendant, based on the facts that he/she forged and used private documents and official documents under the name of a reliable institution on several occasions, is disadvantageous to the Defendant.

However, if the defendant did not have the same criminal record and has no record of the crime exceeding the fine, and the defendant agreed smoothly with all victims of the crime, such as the excessive agreement that has reached the judgment of the court of first instance, and the defendant acknowledges and reflects all his/her mistake, and other circumstances shown in the argument of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., are taken into account equally, the court below's punishment is too unreasonable, and the defendant's argument is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 225 of the Criminal Act, Article 229 and Article 225 of the Criminal Act, Article 225 of the Criminal Act, Article 225 of the Criminal Act, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of punishment, fraud, fabrication of private documents, and selection of imprisonment with prison labor for the crime of deception of the above-mentioned document;

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

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