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(영문) 수원지방법원 2013.04.18 2013노1057
공문서위조등
Text

The judgment of the court below is reversed.

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

One mobile phone (No. 2), which has been seized, is called one cell phone (No. 2).

Reasons

1. The Defendant’s crime of this case regarding the Defendant’s assertion of unfair sentencing is deemed to be a planned crime in order to forge the Defendant’s resident registration certificate and purchase a high-priced vehicle under the name of another person by using it, and then sell it, which is not good for the Defendant to commit a large amount of profit. It appears that forgery is a large amount of loan funds granted by the Defendant, etc., but it is recognized that the Defendant recognized his criminal act and accomplice relation from the beginning and divided the mistake. The forgery of the resident registration certificate of this case and other seal mobilized was prepared by E, and specific methods of crime, such as the conclusion of the vehicle lease contract, appears to have been executed by the Defendant as ordered by E, and there is no record of criminal punishment exceeding a fine, and taking into account all the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, health, home environment, and the circumstances before and after the crime, etc., the lower court’s punishment (one year imprisonment and confiscation) is somewhat inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Articles 225, 30, 229, 225, and 30 of the Criminal Act concerning criminal facts; Articles 231 and 30 of the Criminal Act; Articles 234, 231, and 30 of the Criminal Act; Articles 234, 231, and 30 of the Criminal Act; Articles 352, 347 (1), and 30 of the Criminal Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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