(영문) 대전지방법원 2015.04.10 2015노30 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2015.04.10 2015노30

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. In this case, in light of the fact that the defendant deceptions the victims, defrauds the victims of money, forged the private document, and uses the private document, the crime is not less severe, and the amount of damage is not specified, and the defendant shall not be held strictly liable for it.

B. Meanwhile, there are favorable circumstances for the Defendant to consider, such as the confession of a crime, the mistake is divided, the Defendant agreed with the victim H in the first instance, and the Defendant’s wife and two children, who are students, are not subject to punishment and have to support.

In addition, considering the Defendant’s age, character and behavior, living environment, motive, details and result of the crime, and the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below in addition to the first instance 16th, third, third, 9, 10, 14, 15, 16, and 8th, "E" of the first, third, 16th, and fourth, "E" of the court below as "H", "suspects" of the third, third, 16 as "defendants", and "second" of the third, third, 17th is the same as the corresponding column of the court below's judgment in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the uttering of a falsified investigative document due to the exercise of a request for a deposit which is heavier than the criminal situation)

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be the most serious punishment.

참조조문

유사 판례

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