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(영문) 수원지방법원 2020.06.04 2020노1074
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

No. 2 of the seized evidence shall be charged to the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case as to the grounds for appeal is acknowledged that the defendant involved in the collection of cash in the scam criminal organization, thereby forging an official document under the name of the Chairman of the Financial Services Commission. Meanwhile, the victim, by misrepresenting himself as a staff member of the Financial Supervisory Service, defrauds the victim with the 24 million won, and in light of the methods and contents of the crime, the crime is very poor in light of the nature of the crime in light of the methods and contents of the crime. The crime of Boscam is very narrow and systematic, and it is difficult to crack down the scope of damage and its structural characteristics that are not easy to recover damage, and thus, it is highly necessary to punish the person involved.

However, in full view of the fact that the defendant recognized the crime of this case, the defendant paid 10 million won out of the amount of damage to the victim at the trial, and agreed that the remaining 14 million won should be paid later. The above victim did not have any criminal record any longer, the defendant does not have any criminal record, and there is any family member to support the defendant, and the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the court below's punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In a case where the defendant, ex officio, files an appeal against a conviction, the compensation order shall be transferred to the appellate court along with the accused case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if he does not object to the compensation order

According to the records, the defendant paid 10 million won to the applicant for compensation at the court below and agreed with the applicant for compensation at the court below.

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