(영문) 수원지방법원 2020.12.10 2020노5228 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.12.10 2020노5228

공문서위조등

Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a period of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (two years of imprisonment) is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is to be sentenced in full view of the following facts: (a) the Defendant took part in the organization of Bosing criminal, thereby forging an official document under the name of the Chairman of the Financial Services Commission; (b) forged the documents under the name of the Chairman of the Financial Services Commission by misrepresenting the victims as employees of the Financial Supervisory Service; and (c) received money in excess of KRW 100 million in total; (d) the nature of the crime is very poor and heavy in light of the method and content of the crime; (e) Bosing crime is closely and systematically committed; (e) it is difficult to regulate the scope of damage as it is difficult to recover from the crime; and (e) it is highly harmful to society; and (e) the considerable part of the damage was not recovered; and (e) the Defendant

However, in light of the fact that the defendant recognized the crime of this case and against his mistake, the defendant did not seem to have committed the crime under the conclusive recognition of the substance and appearance of the scam crime, the defendant paid 10 million won to the victim B at the trial, and agreed that the above victim does not want the punishment of the defendant, and there was no other criminal punishment except the suspended sentence of imprisonment due to larceny in 1994, and there was no record of criminal punishment other than the defendant's age, career, character and behavior, character and environment, motive and circumstance of the crime, means and consequence of the crime of this case, and the sentencing of similar cases, such as the records and arguments of this case, such as the circumstances after the crime, it is unfair for the court below to hold the defendant guilty too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing.

유사 판례

-수원지방법원 2020.09.24 2020노3335

-수원지방법원 2020.08.27 2020노2985

-수원지방법원 2020.11.12 2020노4663

-수원지방법원 2020.12.10 2020노5266

-수원지방법원 2020.08.20 2020노2867