logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.29 2019노3073
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant does not pay a fine.

Reasons

The Defendant appealed that the lower court’s punishment (five million won of a fine) is heavy.

The defendant recognizes the fact that the meeting minutes, etc. are prepared in the court of a political party without the union general meeting.

After the first summary order was issued, some of the complainants withdrawn from the complaint.

In this case, the defendant did not have profits.

Considering these various circumstances, the sentence of the lower court seems to be somewhat unreasonable.

The judgment of the court below is reversed as the defendant's appeal is well-grounded, and the punishment is re-determined after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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 (1) of the Criminal Procedure Act of the provisional payment order;

arrow