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(영문) 서울동부지방법원 2015.07.16 2015노279 (1)
사문서위조등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable for six months.

2. The Defendant’s judgment on the grounds of appeal is disadvantageous to the following: (a) the Defendant has been punished by a fine on several occasions for the same crime as this case; (b) the suspension of imprisonment with prison labor or imprisonment with prison labor; (c) the Defendant committed a series of crimes in a systematic and planned manner in collusion with many accomplices; and (d) the Defendant did not reach an agreement with

On the other hand, however, the Defendant is making a confession of all the crimes, and the Defendant is divided into errors. The aged who is being under the condition of air cancer treatment which is impossible to completely recover from all the crimes, and the health condition is not good to the extent that it is difficult to reduce the life of prison life as he is being under the condition of a multi-feasible species. The actual gains from each of the crimes of this case seems to be relatively large. The crime of this case and the crime of fraud, etc. for which judgment has already become final and conclusive should be considered at the same time, as indicated below, and the case and equity should be taken into account, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

3. In conclusion, the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is reasonable, and the following decision is rendered after pleading.

【Judgment in Dao-written] The criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: “The judgment has become final and conclusive” in Section 14 of the judgment of the court below in the part 14 of the judgment of the court below in the summary of the criminal facts and the evidence. “The judgment was rendered on June 10, 2014, sentenced to imprisonment with prison labor for not less than ten months at the Seoul East Eastern District Court, and the judgment became final and conclusive on May 29, 2015.”

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