(영문) 서울중앙지방법원 2021.02.02 2020노1062

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(영문) 서울중앙지방법원 2021.02.02 2020노1062

위조유가증권행사등

Text

The judgment below

The guilty portion shall be reversed.

The defendant shall be punished by imprisonment with prison labor for not less than four months for the crimes of No. 2 and No. 5.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the violation of each labor standard law among the 2019 High Order 2815, which was decided in the lower judgment, and convicted each of the remaining facts charged.

In this regard, only the defendant appealed against the conviction, and since the prosecutor did not appeal against the dismissal part of the prosecution, the dismissal part of the prosecution which the defendant and the prosecutor did not appeal was separated and confirmed as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (the imprisonment of 10 months for the crimes No. 2 and No. 5 as stated in the judgment below, and the imprisonment of 10 months for the crimes No. 1 and No. 3 as stated in the judgment below, the imprisonment of 4 as stated in the judgment, and 6 or 11 for the crimes) is too unreasonable.

3. The judgment of the defendant by deceiving a number of victims over a long period of time, and most of the crimes are committed during the period of repeated crime, and the crime is not likely to be committed.

However, in the first instance court, the defendant recognized all of the crimes of this case when he was in the first instance, and agreed with the victim L (Crime No. 2 in the judgment of the court below), S (Crime No. 3 in the judgment of the court below), BK (Crime No. 8 in the judgment of the court below), BJ (Crime No. 11 in the judgment of the court below), and victim AG (Crime No. 5 in the judgment of the court of the court below), NN (Crime No. 6 in the judgment of the court below), workers DA, CZ, DB, DB, DB, DC, EV, EW, EX, CY, DF (Crime No. 10 in the judgment of the court below) and all of the circumstances in the records and arguments of this case, including favorable circumstances such as the defendant's age, sexual behavior, environment, crime of this case, circumstance after the crime of this case, etc., the court below is too unfair.

4. As such, the defendant's appeal is reasonable, and the conviction part of the judgment of the court below in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows.

【Grounds for the new judgment】

유사 판례

-대구지방법원 2016.03.23 2015노850

-의정부지방법원 2017.06.22 2017노757

-서울동부지방법원 2016.05.12 2016노358

-대구지방법원 2018.12.21 2018노3477

-대구지방법원 2016.04.06 2015노2084