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(영문) 전주지방법원 2016.11.10 2016노586

공문서부정행사

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. In all the facts charged in this court, the Prosecutor applied for permission to amend the Bill of Indictment to add “Articles 37 and 39(1) of the Criminal Act” to the applicable provisions of the Act, and the lower court’s judgment is no longer maintained as the subject of the judgment was changed by this court’s permission.

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing on the ground of ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by this court is all the facts constituting the crime of the judgment of the court below and the summary of the evidence are as follows: "The defendant is a person who was sentenced to imprisonment for a maximum of one year and six months with labor for special larceny, etc. at the Jeonju District Court on May 19, 2016 and on May 27, 2016, and the judgment became final and conclusive on May 27, 2016."

Application of Statutes

1. Article 230 of the Criminal Act, Articles 230 and 30 of the Criminal Act, Article 298 of the Criminal Act and the selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. An order of disclosure; and