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(영문) 수원지방법원 2014.08.28 2014노2339
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the motive, method, etc. of the crime committed by forging and using a certificate of employment to obtain judgment loans, there is a need for a criminal defendant to be punished with strict punishment, taking into account the fact that the crime of this case is not good and that the defendant has been punished several times due to fraud, etc.

However, considering the fact that the defendant led to the confession of the crime in this case and the fact that the E who received the loan through the crime in this case did not incur economic damage to the lending company by fully repaying the loan, the defendant has the time to live in custody for more than four months, and other circumstances that form the conditions for the sentencing in this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the court below is somewhat inappropriate.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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