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(영문) 의정부지방법원 2014.03.20 2013노2708
위조공문서행사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The punishment of the original judgment against the accused of the gist of the grounds for appeal is too unreasonable.

2. The judgment is significant in light of the fact that the defendant had been punished several times as a crime of the same type of law, that there was the record of having been sentenced to punishment for document fabrication, and that there was no other victims except the victim H in return for the recovery of the damage. However, in light of the fact that the defendant recognized the crime of this case and agreed with the victim H, that the defendant appeared to have reached an agreement with the court, and that the sentencing conditions stated in the argument of this case, such as the defendant's age, character and behavior, motive, means and consequence, were comprehensively taken into account, and that the court below's punishment against the defendant is unreasonable.

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

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are 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. Articles 229 and 225 of the Criminal Act for the relevant criminal facts (the use of each falsified document, the use of some forged document) of the Criminal Act, Article 231 of the Criminal Act (the use of falsified document, Article 30 of the Criminal Act for the use of falsified document), Articles 234 and 231 of the Criminal Act (the use of falsified document, Article 30 of the Criminal Act for some crime of forging falsified document), Articles 234 and 231 of each Criminal Act (the use of falsified document, Article 30 of the Criminal Act for some crime of uttering of falsified document), Article 347(1) of each Criminal Act (the use of falsified document, and Article 30 of the Criminal Act

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

1. Selection of punishment: Forgery of each private document above the election, uttering of a falsified document, and choice of imprisonment for a crime of fraud;

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

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