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(영문) 서울중앙지방법원 2013.05.31 2013노1305
사문서위조등
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by two months of imprisonment.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. The judgment of this court: (a) although the defendant committed the instant crime during the repeated crime period due to a similar type of crime; (b) did not recover damage to the victim; (c) the degree of the defendant's participation and the amount of profit therefrom appears to be relatively minor in the instant crime; (d) the defendant, who was sentenced to three years of imprisonment and one year of imprisonment, shall be sentenced respectively, and at the same time as the judgment became final and conclusive on March 8, 2012 and November 9, 2012, should consider equity in the case where he was adjudicated at the same time as the judgment became final and conclusive; and (e) other various sentencing conditions indicated in the instant argument, including the defendant's age, character and behavior, family character and manners, motive and circumstance of the instant crime, and circumstances before and after the instant crime, it is recognized that the sentence of

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1), Articles 231, 234, and 30 of the Criminal Act with respect to the relevant criminal facts and the choice of punishment (the choice of imprisonment with prison labor), Article 35(1) of the Criminal Act with respect to the aggravation of repeated crimes; Article 35 of the Criminal Act with respect to the aggravation of repeated crimes

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