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(영문) 부산지방법원 2019.07.11 2019노700
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

A fine shall not be paid by the defendant.

Reasons

1. Determination of the summary of the grounds for appeal (the punishment of imprisonment with prison labor for not less than two years, and community service hours for 160 hours) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range (at least one month of imprisonment) set out in the annexed sentencing guidelines.

However, the circumstances agreed with B, D, the name of the private document was not reflected in the appellate court.

Considering that there was no record of criminal punishment, etc., the amount of punishment in the original judgment is unreasonable.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Articles 352, 350 (1) (the attempted crime), 231, 234, 231 (the use of a private document), 352, and 347 (1) (the use of a private document) of the Criminal Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

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

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

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