Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Defendant - The sentence of the lower court (ten months of imprisonment) is too heavy.
(b) Prosecutor - The sentence of the lower court is too minor.
2. We also examine the argument of the Defendant and the Prosecutor.
In light of the method, circumstances, etc. of the crime of this case, such as the defendant who has forged a document without permission and deceiving the victim by using the document, the nature of the crime is inferior, and the damage to the victim was inflicted upon the victim by disputing the crime in the original trial.
However, when the defendant committed a crime in the first instance, all the time and depth of the crime is against the defendant, and the fact that the defendant received the letter from the injured party by agreement with the injured party, and that there is no other penalty power, etc. are favorable to the defendant.
In full view of all other conditions of sentencing indicated in the records of the instant case, the lower court’s punishment is too unreasonable as it is too unreasonable.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed in its order). [The judgment which is again used] The summary of facts constituting an offense and evidence acknowledged by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of fraud), Article 234 of the Criminal Act, Article 234 of the Criminal Act (the point of uttering of the above investigation document), and the choice of imprisonment for each of the following reasons:
1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment and punishment for concurrent crimes stipulated in the crime of fraud as of April 13, 201).