[공문서위조·동행사등피고사건][고집1971형,193]
The number of crimes in case of exercising forged official documents and falsified investigation documents en bloc;
When a forged official document and a falsified official document are exercised en bloc, one act is in a mutually concurrent relationship corresponding to the name of several crimes.
Article 40 of the Criminal Act
Defendant
Defendant
Seoul and Criminal District Court Incheon (71 Gohap12) in the first instance trial.
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
One hundred and sixty-five days of detention days prior to the pronouncement of the original judgment shall be included in the original sentence.
First of all, the gist of the grounds for appeal by the defendant himself is that the court below, without any evidence, provided the defendant with sufficient opportunity to prove, and without examining the substantial truth, found the defendant guilty of an injury resulting from robbery, which the defendant did not satisfy, based on the defendant's statements without any voluntariness, etc., and the court below erred in misconception of facts against the rules of evidence, and even if it is not so, the court below's sentencing is excessive, and the summary of the grounds for appeal by the defendant's public defender is erroneous in the misapprehension of facts in the court below's disposition
Therefore, if the defendant's assertion of misunderstanding of facts due to his incomplete deliberation or a violation of the rules of evidence and the defendant's defense counsel's assertion of misunderstanding of facts, and the examination of various evidences cited by the court below by comparing them with the records, it can be sufficiently recognized that the defendant's injury by robbery of the defendant, which is judged by the court below, has no evidence to reverse such fact-finding, and it cannot be seen that the court below did not make an incomplete deliberation, or that there was any other error in the process of determining evidence
Furthermore, prior to the determination of the remaining grounds for appeal by the defendant, in a case where the forged official document and the falsified investigation document are comprehensively used as a whole, one act constitutes several crimes, and thus, in the determination of punishment, such circumstances should be considered accordingly. Therefore, the judgment of the court below is clearly erroneous in violation of the law, since the judgment of the court below was omitted, and the judgment of the court below is reversed in accordance with Article 364(6) and (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is so decided as follows.
Since the criminal facts and evidence relations acknowledged by a member against the defendant are the same as those of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Article 231 of the Criminal Act; Article 234 and Article 231 of the same Act shall apply to the case of a private document; Article 225 of the same Act shall apply to the case of a private document; Article 229 and Article 225 of the same Act; Articles 229 and 225 of the same Act shall apply to the case of a false entry of the original copy of a notarial deed; Articles 228 (1) of the same Act shall apply to the case of such exercise; Articles 229 and 228 (1) of the same Act shall apply to the case of an injury by robbery; Articles 145 and 337 of the same Act shall apply to the case of an escape; Articles 335, 334 (2) and 337 of the same Act shall apply to the punishment of imprisonment; Article 27 of the same Act shall apply to the crime of false entry of the original copy of a notarial deed and the crime of uttering of the above notarial document; Article 57 of the same Act shall apply to the punishment under Article 30 of the same Act.
It is so decided as per Disposition with the above reasons.
Judges Han Man-Shan (Presiding Judge) Kim Jong-chul