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(영문) 서울동부지방법원 2013.10.10 2013노865

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court’s sentence against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor added "the forgery of a private signature and the uttering of a false investigation signature" to the case name of the indictment in this case against the defendant, added "Article 239 (1) and (2) of the Criminal Act" to the applicable provisions of the Act, and applied for amendments to the indictment by modifying or adding some of the facts charged as stated in the facts charged as follows. Since this court permitted this, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence acknowledged by this court is as follows. The summary of the judgment of the court below in 3th page 9-11 of the judgment of the court below is as follows: "At this time, the defendant has forged one copy of the master driver report, which is a private document concerning the certification of facts, for the purpose of uttering, and has forged one copy of the I's circumstantial statement in the name, which is a private document concerning the certification of facts, and one of the written statement in the occurrence of traffic accident in the name, which is a private document concerning the certification of facts," "for the purpose of uttering, the defendant has forged one copy of the written statement in the occurrence of traffic accident in the name, which is a private document concerning the certification of facts, for the purpose of uttering," and the following facts constituting the crime.