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(영문) 대전지방법원 2014.10.16 2014노2015
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 sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below committed a crime on November 26, 2010, such as informing an investigative agency of the defendant's pro-friendly personal information after drinking driving and regulating the defendant's driving at around 2010 and informing him/her of the defendant's pro-Japanese personal information, and committed the crime of this case again with the same two-year period of probation, despite the fact that the defendant had been sentenced to the two-year period of probation on November 26, 2010, the defendant committed the crime of this case. The defendant was punished several times due to drinking driving. The defendant's blood alcohol concentration at the time of the crime of this case is deemed to have a significant degree of influence. However, the defendant was deemed to have expressed against the defendant's intention and mistake. Regarding the use of the forgery of the private document and the above investigation document, the defendant surrenders himself/herself to the investigative agency; the defendant's mother and wife, the representative of the farming association association, which supports the defendant's raising of his/her work and farming association operation; the defendant's motive and circumstances before and after the defendant's age.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

【Reason for the judgment of multiple times】 Criminal facts against the defendant recognized by the court in charge of criminal facts and summary of evidence, and summary of evidence falls under the column of the judgment below.

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