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(영문) 수원지방법원 2017.05.25 2016노4383

사문서위조등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor (the first instance court’s judgment)’s sentence against the Defendant (the imprisonment of six months and the suspension of execution of two years) is too unhued and unreasonable.

B. The lower court’s punishment (two months of imprisonment and one year of suspended execution) against the Defendant (as to the lower judgment of the second instance) is too unreasonable.

2. Prior to the judgment on each of the above grounds for appeal, we examine ex officio.

The first and second judgment against the defendant was rendered, and the prosecutor filed an appeal against the second judgment against the defendant, and the defendant filed an appeal against the second judgment, and this court decided to hold concurrent hearings with each of the above appeal cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the first and second judgment cannot be maintained as they are, since they are related to the concurrent crimes under Article 38(1) of the Criminal Act, they are subject to a single sentence under Article 38(1) of the Criminal Act.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining each of the unfair arguments by the defendant and the prosecutor, and it is again decided as follows.

【Grounds for the judgment in its entirety] The facts constituting the crime and the summary of the evidence admitted by the court and the summary of the evidence are as follows: (a) the first instance court’s second instance judgment’s “AB”, “Y”, “Y”, and “Y” in “Y” in “Y” and “Y” in “AJ” in each corresponding column of the first and second instance judgment; and (b) the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act on Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document) of the same Act on criminal facts, and Articles 355 (2) and 355 (1) of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (inter-Koreansceptics and crimes between each of the above investigation documents) are more severe.