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(영문) 수원지방법원 2015.02.12 2014노6268
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too large;

(2) On the date of the trial of the first instance, the defendant withdrawn his argument of mistake on the date of the trial of the first instance). 2. Determination of the second instance, in consideration of the following facts: (a) the defendant appears to recognize and reflect his crime late at the court of the first instance; (b) the defendant deposited KRW 10 million for G, which is the wife who stolen the name in the trial; (c) the fact that G does not seem to have any substantial property damage due to the instant case; (d) the defendant has no criminal record of the same kind and has a criminal record of a different kind; and (e) the defendant's age, character, character, environment, motive, means and consequence of the crime; and (e) all of the sentencing conditions and all the sentencing conditions indicated in the records

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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. Relevant provisions of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of fines under Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, each of the choice of fines;

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

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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