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(영문) 대전지방법원 2020.12.16 2020노3429
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant, who had been punished for forging a private document, such as the instant case, and for uttering of a falsified document, committed the instant crime; and (b) L, the identity identity identity theft, committed the instant crime; (c) L, in light of the circumstances and contents of the crime, is not less than the nature and criminal intent of the crime; (d) the Defendant’s mistake is against the Defendant’s life in prison for five months, while all the facts of the instant crime were committed; and (e) there is no penalty force exceeding the fine; and (e) other factors such as the Defendant’s age, character, character, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., all of the sentencing conditions specified in the instant records and arguments are considered to be too unreasonable.

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 Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act concerning the facts constituting an offense (a point of exercising a false investigation or signature);

1. The punishment for forging each private document selected under Articles 40 and 50 of the Criminal Act and the crime of uttering of such private document at the time of sale shall be punished by imprisonment with prison labor for each crime of forging such private document and uttering of such private document;

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

1. Article 62 (1) of the Criminal Act;

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