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(영문) 서울중앙지방법원 2019.07.25 2019노1003
공문서위조등
Text

The judgment of the court below is reversed.

The imprisonment with prison labor for the accused shall be two and a half years and six months.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment, confiscation, etc.) is too unreasonable.

2. The crime of “singing” in which the Defendant participated is planned and organized against many and unspecified persons, and the social harm is serious as a result of mass production of a number of victims.

In addition, since the crime has been committed in a variety of ways through the participation of subordinate officers such as total books, withdrawal books, remittance books, collection books, collection books, collection books, delivery books, etc., there is no need for strict punishment to eradicate the crime.

Furthermore, there is a lot of money obtained by deceit for victims as 60 million won.

However, the fact that the defendant is the first offender, a confession and reflects all the crimes, and the fact that the defendant forged and exercised is merely a printed out of the file prepared by Bosing total books, etc., and the fact that the defendant does not know that it was a crime of Bosing and attempted not to perform a work, but the circumstances in the crime are peeped at the request of collection such as solicitation books, etc. at the court below, and the victim D and E are not subject to the punishment of the defendant at the court below, and the fact that the actual amount of profit that the defendant acquired is relatively small compared to the amount acquired by the defendant by acquiring the amount of KRW 2.3 million.

In full view of all the above circumstances, including the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime, the sentence of the court below is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are the facts of crime and summary of the evidence.

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