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(영문) 인천지방법원 2013.04.25 2012노3801

허위공문서작성등

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the sentence imposed by the court below on the defendant (one million won of a fine) is too unhued and unfair.

2. The court below erred in applying Articles 227, 229, and 227 of the Criminal Act, which are the statutes on the crime of forging a false official document, to the preparation of a false official document, and Articles 231, 30 of the Criminal Act, which are the statutes on the crime of forging a false official document, and Articles 234, 231, and 30 of the Criminal Act, which are the statutes on the crime of uttering of a false official document, to the exercise of a false official document, prior to the judgment on the grounds of appeal ex officio. Thus, the court below's judgment cannot be maintained any further.

3. In conclusion, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the ground for ex officio reversal as seen above, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 227 and 30 of the Criminal Act applicable to the relevant criminal facts, and Articles 229, 227, and 30 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the uttering of a false official document concerning a construction contract between the crimes of uttering of a false official document and the heavy L/W between them;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act concerning the uttering of a false official document concerning a contract for a construction between the heavy L and the most severe L and a concurrent crimes;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69(2) (50,000 won per day) of the Criminal Act for the detention of a workhouse.