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(영문) 의정부지방법원 2017.08.09 2017노1192

사기미수등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by Defendant 1(10 months of imprisonment) is too unreasonable.

B. The sentence sentenced by the second instance judgment of the prosecutor (one year of imprisonment with prison labor, two years of suspended execution, and two hundred hours of community service order) is too uneased and unjust.

2. Prior to the judgment on each of the grounds for appeal by the defendant and the prosecutor, the judgment of the court below was rendered ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor, and the defendant was sentenced to the judgment of the court of first instance, and the prosecutor filed an appeal against the judgment of the court of second instance, and the court of second instance decided to concurrently examine each of the appeals against the judgment of the court of second instance. Each of the offenses in the judgment of the court of second instance is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court of first instance cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) the “AE” of the facts constituting an offense No. 3 of the judgment of the court below as “AJ”; and (b) the “each police interrogation protocol against AB and AF” of the summary of the judgment of the court below as “each prosecutor interrogation protocol against AB and AF” of the judgment of the court below as “each prosecutor interrogation protocol against AB and AF,” and thus, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Point of each public document: Articles 225 and 30 of the Criminal Act;

(b) The occupation of uttering of each forged official document: Articles 229, 225, and 30 of the Criminal Act;

(c) The point of reference for each private document: Articles 231 and 30 of the Criminal Act;

(d)each.