logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.04.10 2014노1899
사문서위조등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (including a fine of 500,000 won) imposed by the lower court is too unreasonable;

(2) On the third day of the trial of the trial, the defendant explicitly withdraws his argument of mistake on the date of the trial of the trial of the trial of the court. The crime of this case was committed by forging and using a management contract, which is a disposal document, and the nature of the crime of this case is not weak. However, in full view of all the circumstances such as the defendant's age, character, environment, occupation, circumstance and contents leading to the crime of this case and circumstances leading up to the crime of this case, the defendant recognized the crime of this case at the time of the trial of the court of the trial and reflects his mistake, and the defendant was punished once by a fine in 2006, and there was no other evidence of punishment. As a result of the crime of this case, the defendant returned all the amount of KRW 20 million paid to the defendant by sexual Mah Eths, and the foundation C also did not cause any particular loss, and in full view of all the circumstances leading to the sentencing conditions in the records

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.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except for the alteration of “the Defendant’s partial statement of 1.1 in the column of evidence” to “the Defendant’s trial statement” in the reasoning of the lower judgment, the same as the relevant column of the lower judgment; and (b) thus, it is acceptable 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, the selection of fines;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

arrow