(영문) 수원지방법원 2016.06.24 2015노6162 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2016.06.24 2015노6162

사문서위조등

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for not more than ten months.

(2).

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant B (the imprisonment of eight months, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The prosecutor's decision that the court below sentenced the defendants (one year of imprisonment, two years of probation, 120 hours of community service, 8 months of probation, two years of probation, 120 hours of community service, 120 hours of probation, 10 months of probation, 2 years of probation, 120 hours of community service, 120 hours of community service) is too uneasible.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below's judgment as to the reasons for appeal by Defendant B and the prosecutor, the defendant C was sentenced to eight months of imprisonment on August 20, 2015 by the Seoul Eastern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (e.g., known players), and the above judgment became final and conclusive on April 1, 2016. Thus, the crime of the judgment of the court below against Defendant C and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (E.g., known players) for which the judgment of the court below became final and conclusive in relation to the crime of concurrent crimes under Article 37 of the Criminal Act and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (E., known players) shall be sentenced to punishment on the crime of the court below's judgment in consideration of equity in the case

B. Defendant A and B committed the crime of forging the instant private document in order to occupy favorable status in civil action and criminal lawsuit between Defendant B and the Prosecutor’s unfair argument of sentencing, and the nature of the crime is very poor in light of the motive for the crime, method of the crime, etc.

However, Defendant A and B recognized each of the crimes of this case, and Defendant A were the origin of each of the crimes of this case.

Defendant B, compared to Defendant A, has a easy degree of participation, and the name of H representative director is from L to Defendant A.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

-형법 제39조 제1항

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