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(영문) 수원지방법원 2013.10.24 2013노2974
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 judgment of the court below on the defendant's assertion of unfair sentencing is that the defendant in this case made unlawful withdrawal of profits by deceiving the judicial power of the State by forging documents under the name of the victims, and the nature of the crime is inferior, and the defendant must be punished strictly. Meanwhile, the defendant has accepted each crime at the time of the trial and reflects wrongs, and the defendant withdraws the appeal, and the defendant has agreed that the defendant does not want the defendant's punishment, and considering the defendant's age, character and behavior, health, home environment, circumstances of the crime, methods and results of the crime, the circumstances before and after the crime, etc., the court below's punishment (one year and six months of imprisonment) is somewhat unreasonable.

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled 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 below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes of forging each private document, mutual crimes of uttering of each private document, and between the crimes of attempted fraud);

1. Selection of each sentence of imprisonment;

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

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