logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.03.18 2016노72
사문서위조등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

(b).

Reasons

1. The summary of the grounds for appeal (unfair sentencing) against Defendant A and the sentence of the lower court against Defendant B (two years of imprisonment) (one year of imprisonment) are too unreasonable.

2. The judgment of the Defendants is not only forged a lease contract and obtained the victims' money by using it several times, but also the total amount of damage amount. However, the Defendants agreed with all victims of the fraudulent crime in the original judgment and the trial court, Defendant A is the primary offender, and Defendant A seems to be not to have good health conditions due to yellow dust and heart diseases. Defendant B has several records of punishment for the same kind of crime, but it is necessary to consider equity with the case where the judgment was rendered at the same time as the criminal facts of the final judgment after the final judgment of the court below. In addition, considering various circumstances such as the Defendants’ age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, each punishment of the lower court against the Defendants is too unfair.

Therefore, each of the above arguments by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' respective appeals are well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 231, 30 (a) of each Criminal Act; Articles 234, 231, and 30 (a) of each Criminal Act; (b) Articles 234, 231, and 30 (a) of each of the aforesaid investigation documents; (c) Articles 347(1) and 30 of each Criminal Act (a crime No. 1 and 2-2 of each of the facts stated in the judgment below); (d) Article 231 of the Criminal Act (a crime committed in the name of AD) and Article 234 of the Criminal Act; (e) Article 234 of the Criminal Act.

arrow