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(영문) 부산지방법원 2013.11.01 2013노2166
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. In light of the following: (a) the Defendant, without any particular reason, assaulted the Victim FF who is aged and injured; (b) signed the protocol of suspect examination in the name of the Defendant in order to conceal the multiple facts; and (c) there is no particular evidence to deem that the Defendant did not agree with the victim; and (d) made efforts to recover from damage, it is necessary to strictly punish the Defendant.

However, in light of the following: (a) the Defendant made confession of all of the instant crimes from an investigative agency to this court; (b) the Defendant did not have any other similar force except the Defendant’s protective disposition for the same kind of crime; and (c) other various circumstances, such as character, character, environment, age, motive and background of the crime, means and consequence of the crime; and (d) the sentencing conditions indicated in the record, such as circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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 Article 257(1) of the Criminal Act, the choice of the punishment for the crime, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, Article 239(2) of the Criminal Act, the choice of the punishment for the crime (a point of exercising a false investigation signature);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the most severe injury);

1. Suspension of execution;

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