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(영문) 서울중앙지방법원 2013.05.23 2013노1034
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. The crime of this case was committed on June 19, 2009 on the job seeker who was employed on the job seeker who was obtained various identification certificates, and attempted to use them as a tool to commit another crime. In light of the substance of the crime, the crime is extremely poor in light of the nature of the crime. The Defendant may have the same criminal power, such as being sentenced to imprisonment with prison labor on May 26, 2006, which was sentenced to three years for fraud, etc. The Defendant again committed the crime of this case during the period of repeated crime after the parole period expired on June 19, 2009.

However, the defendant's time to commit the crime of this case and reflects the mistake, and the crime of this case is in a concurrent relationship between the crime of forging official documents and the crime of the latter part of Article 37 of the Criminal Act and the crime of the latter part of Article 39 (1) of the Criminal Act. In addition, considering the defendant's age, character and behavior, environment, means and result, conditions of sentencing specified in the argument of this case such as the defendant's age, character and environment, means and consequence, the punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion is justified.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column 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 legal provisions concerning facts constituting an offense, and Articles 231, 234, 231, 347 (1), 225, 229, and 225 of the Criminal Act concerning the choice of punishment, the crime of forging an official document, and the crime of uttering of forged official document;

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