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(영문) 인천지방법원 2015.03.27 2015노326
사전자기록등위작등
Text

The judgment of the court below is reversed.

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

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. Determination of the crime of this case is an unfavorable circumstance where the Defendant made and used a credit card under the name of another person, obtained a loan, and the nature of the crime is not good, and the Defendant’s damage from the crime of this case was not recovered.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and against the defendant, and that D, after the decision of the court below, expressed his intention not to punish the defendant, other damage amount, character and conduct of the defendant, environment, motive, means and result of the crime of this case, etc., and all the circumstances constituting the conditions of sentencing as shown in the arguments and records, such as the circumstances after the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable, and therefore, the defendant's assertion of unfair sentencing is justified

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 232-2 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and Articles 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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