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(영문) 서울중앙지방법원 2019.09.05 2019노1559
공문서위조등
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.

A forged document of the Financial Services Commission.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and six months of imprisonment) too unreasonable;

2. Intelligent, planned, and organized, and social harm and injury are likely to occur, so it is highly necessary to strictly punish a criminal defendant even if he/she participated in only part of the criminal act, and the role of the criminal defendant, which is a cash collection scheme, is not easy, and the size and frequency of the criminal act is not much much.

However, in full view of the reasons for the sentencing revealed in the proceedings of the present case including the Defendant’s age, character and conduct, environment, family relationship, motive, details and method of the crime, circumstances after the crime, etc., it is deemed unfair for the lower court to have determined that the sentencing of the Defendant is unreasonable.

Therefore, the defendant's argument is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, each of the following Articles:

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

1. Prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentence shall be determined as ordered by taking into account the sentencing factors as seen earlier.

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