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(영문) 인천지방법원 2016.02.04 2015노4380
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. In full view of the circumstances that the defendant had the same criminal records in the judgment, the fact that the defendant was committed for the same offense, the fact that the defendant is led to the confession of the defendant, the defendant returned most of the damage amount to K to the victim of the fraud of this case, and the fact that the court below and the court below paid part of the damage amount to K in the case of the thief of this case, there is no criminal record exceeding the fine, the defendant's age, sex and conduct, environment, motive, means and method of the crime of this case, the circumstance after the crime, etc., and the conditions of the sentencing as shown in the records and arguments, the court below's punishment is too unfair

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of excercise of the above investigation document), Article 329 of the Criminal Act (the point of intent), Article 347 (1) of the Criminal Act (the point of fraud), the choice of imprisonment for each crime;

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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