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(영문) 광주지방법원 2015.11.03 2015노832

사문서위조등

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A. The lower court held that Defendant B is liable for a fine of KRW 10 million.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (the defendant A: one year and six months of imprisonment, three years of suspended sentence, three years of suspended sentence, defendant B: imprisonment with prison labor for the crimes set forth in the first A, b, 2 and 3 as stated in the judgment of the court below, three years of suspended sentence, one year of imprisonment with prison labor for the crimes set forth in the judgment of the court below, and one year of suspended sentence for the crimes set forth in the first C and d

Judgment

Comprehensively taking account of the fact that the Defendants’ wife against the Defendants in the Gwangju Metropolitan City Building Society and the fact that the Defendants are subject to suspended execution or more punishment, the lower court’s punishment is unreasonable.

Therefore, the Defendants’ assertion of unreasonable sentencing is justified.

Therefore, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal by the Defendants is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are all the same as the entries in each corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants related to criminal facts: Articles 109, 27(2) of the Building Act (the submission of false approval for use and inspection reports, the selection of fines), Articles 110 Subparag. 6, and 25(5) of each Building Act (the preparation and submission of false supervision interim reports with respect to Defendant A, the preparation and submission of false supervision interim reports, the false preparation and submission of supervision completion reports, the selection of fines), Article 231 of each Criminal Act, Articles 234 and 231 of each Criminal Act, Articles 234 and 231 of each Criminal Act

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Act (the former part of Article 1-A, B, and Article 2 and 3 of the Judgment of the original court, and each violation of the Building Act for which the judgment

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: