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(영문) 대구지방법원 2018.10.25 2018노3108
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too large and unfair.

2. The instant case is a matter of which the Defendant submitted a letter of delegation in the name of the person holding the right to collateral security to cancel the registration of the establishment of the right to collateral security.

However, after the cancellation of the above registration, the defendant paid 100 million won or more to the neighboring mortgagees over several times, and in particular, he paid 36 million won or more at the trial.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 231 of the Criminal Act regarding criminal facts, the choice of punishment (the point of Article 231 of the Private Document, the choice of imprisonment), 234, 231 of the Criminal Act (the exercise of the aforementioned investigation document, the choice of imprisonment), Article 228(1) of the Criminal Act (the fact of false entry of the original document of fairness, the choice of imprisonment), Articles 229 and 228(1) of the Criminal Act (the exercise of the original document of fairness, the selection of punishment, and the selection of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in Article 50 of the same Act, such as electronic records, etc., of the largest number of crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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