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(영문) 의정부지방법원 2015.05.01 2014노1922
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of two million won imposed by the court below on the defendant.

2. In light of the contents and methods of the instant crime, etc., the Defendant is deemed not to have committed a crime that is disadvantageous to the Defendant. On the other hand, the Defendant’s confession and statement that his mistake is divided in depth is recognized, there are some circumstances to consider the circumstances leading to the instant crime; the Defendant’s economic benefits acquired by the instant crime are not significant; the Defendant appears not to be sufficiently capable of economic situations; the Defendant again seems not to reach a second offense; the Defendant is an initial offender with no criminal power to punish; the Defendant’s age, character, character, intelligence and environment; the process and consequence of the instant crime; the circumstances after the instant crime; and other various circumstances that form the conditions of the instant sentencing, such as the Defendant’s age, character and behavior, intelligence and environment; the circumstance and consequence after the instant crime; and family relationship, the Defendant’s assertion is recognized to be unreasonable because the sentence imposed by the lower court is somewhat inappropriate.

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

Criminal facts

The criminal facts recognized by this court are identical to the corresponding column of the reasoning of the judgment of the court below, and such facts are cited in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. The original judgment and the statement in court room of the defendant;

1. Statement of the police against C and B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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