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(영문) 인천지방법원 2014.02.14 2013노3833
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for 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. Although it is not good for the defendant to commit a crime by forging or uttering a document, the confession and reflects the crime, the fact that the defendant has reached an agreement with the victim at the time of the trial, the fact that there is no criminal record of the same kind is favorable to the defendant. In full view of all other circumstances, including the defendant's age, character and behavior, environment, relationship with the victim, motive and means of the crime of this case, and the circumstances after the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable, and thus, the defendant's assertion of unfair sentencing is reasonable.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 347 (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act for each crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of forging each private document, between the crimes of forging each private document, between the crimes of uttering of each private document, between the crimes of forging each private document, and the punishment imposed on the crimes of forging each private document under the name of E with the largest circumstances, and the crimes of uttering of

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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