logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.02.05 2014노1369
유가증권위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant repeats the same kind of crime even though the Defendant had been punished several times due to fraud, fabrication of private documents, violation of the Labor Standards Act, and unauthorized Driving, etc., up to the trial, a considerable number of victims of the instant crime did not reach an agreement, and the fact that the amount of damage was not significant is disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant made confession of all of the instant crimes for the first time in the trial; (b) deposited KRW 700,000 for each of the victims of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; (c) deposited Y, AA, and AC for the sake of the victims of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; (d) agreed with the Workers in the case of violation of the Labor Standards Act / [2014 senior group 1403]; and (e) other circumstances that are the conditions for sentencing as indicated in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, environment, economic condition, motive, means

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is identical to the description of each corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 214(2) and (1) of the Criminal Act (amended by Act No. 1054, Apr. 12, 2011) regarding criminal facts; Articles 217, 214(2) and (1) of the same Act (amended by Act No. 10575, Apr. 12, 2011).

arrow