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(영문) 대전지방법원 2017.09.14 2017노1804
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In the instant case where the Defendant was found to have been aware of drinking and non-licensed driving, the Defendant had been punished four times as a crime of violating the Road Traffic Act (a fine) in order to conceal his personal information and forged and used his signature. The Defendant received a summary order on August 8, 2016 and carried out drinking and non-licensed driving of this case only five months, and at the time of the control of the instant case, was disadvantageous to the Defendant, such as: (a) the Defendant diversing out drinking and non-licensed driving; and (b) the Defendant diversing out drinking, such as drinking and drinking.

However, the Defendant recognized all of the instant crimes, and is in profoundly against the Defendant’s mistake through a prison life for up to three months.

The defendant seems to have made efforts to correct the wrong personal information on the day when the signature was forged and used.

The defendant's family members have never been sentenced to criminal punishment, and the defendant's family members have been tried to help the defendant return to society as soon as possible.

In addition, in full view of all the sentencing conditions in this case, such as character, environment, health conditions, the circumstances and results of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns 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. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 152 subparag. 1 of the Road Traffic Act.

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