logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.01.22 2014노5686
위조유가증권행사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

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. Of the instant cases, the crime related to counterfeit securities is committed by the Defendant using a forged cashier’s check at convenience stores, etc., which is co-offenders, and such crime is very serious, and the Defendant committed the crime in a repeated crime period due to the same kind of crime, and the statutory penalty for the crime of uttering of forged securities is only prescribed by imprisonment with labor for not more than 10 years, and the crime related to the infringement of information and communications network among the instant cases constitutes the defraudation of high-priced game items. However, considering that the Defendant agreed with the victims or does not have any damage, it is inevitable to sentence the Defendant as a sentence.

However, it is difficult to view that the degree of the defendant's participation in the vehicle driving compared to C that has been in exclusive charge of directly forging cashier's checks and changing cashier's checks in cash, among the above crimes, the defendant was arrested and did not acquire personal benefits due to the above crimes, and the victims related to the above crimes were recovered considerably, and the defendant was sentenced to one year of imprisonment with prison labor due to the above crimes and became final and conclusive, and the court below's punishment imposed by the defendant is 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 evidence against the defendant recognized by this court shall be as follows.

arrow