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(영문) 서울북부지방법원 2015.02.05 2014노1518
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes 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 (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant is a series of crimes committed by the defendant and his representative director, who are directly the chairperson of the company G (hereinafter "G company"), surrounding the management rights of the G company, and the defendant's management rights of the G company are subject to the exclusive jurisdiction over the management rights of the G company without excluding I. However, the defendant's punishment of the court below is somewhat unreasonable in light of the following circumstances: (a) the defendant committed the crime of this case in the course of taking wrong actions in order to overcome the managerial crisis of the G company; (b) the defendant has no record of being punished for the same kind of crime or has no record of being fined more severe punishment; and (c) the defendant has no record of being punished for the same crime or has no record of being fined more severe punishment; and (d) other various conditions of sentencing as shown in the records, such as the motive and background leading up to each of the crimes of this case, the defendant's age, character and conduct, occupation, occupation, and family relationship.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the evidence added "1. The defendant's oral statement" to the summary of the evidence of the court below, and thus, it is identical to each corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Article 231 of the Criminal Act and Articles 234, 231, 231 of the Criminal Act (the occupation of uttering of counterfeited private documents), 232 (Preparation of Private Document), 234, 232 (the occupation of uttering of Private Document Preparation for Qualification), and 228(1) of the Criminal Act concerning the crime.

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