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(영문) 수원지방법원 2015.01.15 2014노6820
위조사문서행사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. The judgment of the defendant is that the crime of this case is committed by deceiving the victim with money and delivering it to the victim by forging the contract document as if he had ordered the completion of the construction work, and the nature of the crime is not good, the amount of damage therefrom is not sufficient, and the victim seems to have suffered considerable economic pain. However, it seems that the damage was restored to the victim by the trial. As a result, it appears that the defendant had reached an agreement only with the victim, the defendant had no record of punishment other than the two-time penalties, and the defendant has no record of punishment other than the two-time penalties, and considering all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, the background, means and result of the crime, the circumstances after the crime, etc., the sentence of

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 constituting an offense and evidence acknowledged by this court is identical to the relevant column of the lower judgment, except for the modification of the phrase “ around June 22, 2012” as “ around June 14, 2012,” No. 15 of the written judgment No. 15, the gist of the facts constituting an offense and evidence, which are acknowledged by this court, as it is, pursuant to Article 369

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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