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(영문) 대구지방법원 2020.05.14 2020노4
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.

2. The court below's punishment is too unreasonable in light of the fact that the application for provisional seizure due to the crime of this case was accepted, and that the defendant did not receive a letter from the victim, but it is recognized that the defendant violated his mistake while recognizing the facts charged; the defendant withdraws the above application for provisional seizure after the decision of the court below; the defendant applied for the cancellation of execution; the defendant is not subject to document forgery, criminal records or punishment; the defendant is not subject to document forgery, character, character, environment, family relationship; and all of the sentencing conditions in the records and arguments of this case including the defendant's age, character, environment, family relationship, etc., and the circumstances after the crime of this case, etc.

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 it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the evidence’s “1.1 Defendant’s court statement (part)” as “1.1 Defendant’s court statement” is the same as each corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, 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;

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