logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.23 2015노5230
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Although the Defendant had been punished for drinking driving three times, he again committed the instant crime, and he again committed the instant crime using the F's driver's license, which was controlled on driving under the influence of drinking, presented the said driver's license to the police officer as if he was F, and then forged the Defendant's signature by stating "F" in the signature column of the notification of the results of the control of drinking driving and the signature column of the report on drinking driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving under the influence of driving

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) appears to have an opportunity to sufficiently reflect the Defendant’s blood alcohol content through confinement for a certain period; (c) the Defendant’s blood alcohol content is 0.091% and it is difficult to view that the Defendant’s blood alcohol content is relatively high; (d) the distance of drinking driving is 500 meters; (b) the Defendant does not have a criminal record exceeding the fine; and (c) other circumstances constituting the sentencing conditions specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant and

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 239(1) of the Criminal Act in relation to the facts constituting an offense (the point of private signature) and Article 239(2) and (1) of the Criminal Act (the point of exercising a false investigation signature) of the Criminal Act, the Criminal Act.

arrow