logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.02.20 2018노2282
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal (the lower court’s punishment: six months of imprisonment);

2. The crime of this case is not highly likely to commit the crime of this case by forging and using a disposal document.

However, all of the crimes of this case are recognized by the defendant and they are against the depth of the defendant.

The defendant did not have the same or more criminal records of suspension of execution, and agreed with E in the trial.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the sentence of the court below is considered to be too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 231, 234 (Forgery of Private Document, and Exercising of Private Document), 228 (1), and 229 (hereafter "Notarial Deed" and "Notarial Deed") of the Criminal Act concerning the choice of punishment, and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The normal consideration of sentencing prior to the reason of sentencing under Article 62-2 of the Criminal Act;

arrow