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(영문) 서울북부지방법원 2015.04.23 2014노1579
사인위조
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Although Article 239(1) of the Criminal Act of Violation of the Act prescribes only the statutory penalty for the crime of forging the private life of this case committed by the Defendants, the lower court sentenced the Defendants to each fine in violation of the Act.

B. The lower court’s respective punishment (a fine of five million won) imposed on the Defendants is too uneased and unreasonable.

2. Article 239(1) of the Criminal Act provides that “A person who forges or wrongfully uses another person’s seal, signature, written name, or emblem for the purpose of uttering shall be punished by imprisonment with prison labor for not more than three years.” However, the court below sentenced the Defendants to a statutory penalty for the crime of forging the private life of this case. As such, the court below erred in the misapprehension of the law, and the prosecutor’s allegation in this part is

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with 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 the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 239 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62(1) of the Criminal Act of the Suspension of Execution (each of the circumstances favorable to the Defendants as seen below):

1. The defendants' reasons for sentencing under Article 48 (1) 2 of the Criminal Act (as to the defendants A) are as follows: (a) in favor of the defendants, such as the fact that the defendants were found to be erroneous, and their depth is divided, and there is no criminal power; and (b) the defendants did not proceed to the crime of actually preparing a document using a forged seal.

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