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(영문) 인천지방법원 2015.10.22 2015노2093

업무상배임등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. As to the summary of the grounds for appeal (one year and six months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. Before the judgment on the grounds for appeal by the public prosecutor and the defendant was examined ex officio prior to the judgment of the court below, among the concurrent cases in which the public prosecutor joined the judgment of the court below, the Incheon District Court's Branch Decision 2015No304 case, the "facing of public documents, uttering of forged public documents" is "facing of private documents, uttering of falsified public documents", "Articles 225 and 229 of the Criminal Act" among the applicable provisions of Articles 234 and 231 of the Criminal Act is "Articles 234 and 231 of the Criminal Act", and the application for changes in indictment with the contents of Articles 2 and 2, and 3 of the facts charged are modified by the court, and

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows, without examining the grounds for ex officio reversal of the above grounds.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as shown in each corresponding column of the judgment below, except for the modification of paragraphs 2 and 3 among the facts charged in the case of the Incheon District Court Branch of 2015Kadan304, which is the case as shown in the separate sheet, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 356 and 355(2) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, the choice of punishment for the crime

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.