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(영문) 서울중앙지방법원 2020.02.13 2019노731
공문서위조등
Text

The judgment below

Among them, the part against the defendant (excluding the part of the compensation order and the dismissal order) shall be reversed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of two years and six months) of the lower court is too unreasonable.

2. The fact that the singishing has a great harm to society, and the amount of the instant damage is considerable, etc. is disadvantageous to the Defendant.

However, it is favorable to the defendant for the following reasons: (a) the defendant committed a second offense against his or her mistake and did not repeat the crime; (b) the defendant was a first offense without any previous conviction; and (c) three of the four victims have been agreed at the trial; and (d) the remaining one victim paid KRW 30 million out of the amount of damage 67 million.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

【Grounds for the judgment in multiple cases】 Summary of facts constituting a crime and evidence are as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles 347(1) and 352 of the Criminal Act, Articles 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Articles 30 of the Criminal Act, Article 30 of the Criminal Act, Articles 30 of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 225 of the Criminal Act, Articles

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. An applicant for compensation under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation, has reached the trial.

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