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(영문) 광주지방법원 2019.07.17 2019노1059
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The court below's reasoning for sentencing takes into account the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the defendant's age, character and conduct, environment, motive, means and consequence, the defendant's repayment of part of the amount of damage to the victim V corporation in the trial, and the defendant's family and branch members want to dismiss the defendant's wife against the defendant, the court below's punishment is somewhat unreasonable, and the above argument of the defendant is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, Article 231 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 239 (1) of the Criminal Act, Article 239 (2) of the Act, Article 360 (1) of the Criminal Act, Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Accident Prevention Act, Article 268 of the Resident Registration Act.

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