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(영문) 대구지방법원 2017.07.26 2017노1107
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Each of the instant crimes committed by the Defendant, by forging and exercising two private documents, by committing a crime of false copying, such as an official electronic record, and a crime of false copying, such as an electronic record, is deemed to have been committed, and the nature of the instant crime is bad in light of the form of the act and the method of the commission of the crime.

However, in full view of the following facts: (a) the Defendant was found to have committed a crime late later in the first instance; (b) the Defendant deposited KRW 15 million in order to have the name of the commission of the crime of forging private documents and uttering of the above investigation document; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (d) the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the crime, it is deemed that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231, 34(1), 31(1), and 31(1) of the Criminal Act (the same Article as private documents), Articles 234, 231, 34(1), and 31(1) of the Criminal Act (the occupation of exercising the aforementioned investigation document) of the same Act concerning the crime; Articles 228(1), 34(1), 31(1), and 31(1) of the Criminal Act; Articles 229, 228(1), and 34(1), and 31(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. As seen in the judgment on the grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes.

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