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(영문) 서울동부지방법원 2013.07.26 2013노716
공문서변조등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Although there are circumstances unfavorable to the defendant, such as the alteration of official documents with high public credibility in judgment without permission, the record of criminal punishment for the same kind of crime, and the failure to attend the trial faithfully after the indictment of this case, the punishment imposed by the court below is somewhat inappropriate in light of the circumstances favorable to the defendant, such as the defendant's motive and circumstance leading to the crime of this case, the circumstances before and after the crime, the defendant's age, character and conduct, environment, occupation and family relation, etc., and the fact that there is no record of criminal punishment beyond the defendant.

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.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as shown in the corresponding column of the judgment below, except where the last offense in the judgment below is deemed as “B” as “B,” and thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 225 of the Criminal Act concerning the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of altered official documents);

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 ( considered in favorable circumstances in the preceding);

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