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(영문) 광주지방법원 2015.06.09 2014노2031

사문서위조등

Text

The part of the judgment of the court below on Defendant A and the judgment of the court below on Articles 2 through 4 shall be reversed.

Defendant

A. Imprisonment.

Reasons

Summary of Reasons for Appeal

A. Defendant A1) Since some of the facts constituting an offense of the lower judgment in Articles 1 and 3 are the same as that of the lower judgment, the part of the lower judgment in the third instance is unlawful as it constitutes a double indictment. 2) The lower court’s respective punishment of unfair sentencing (the first instance judgment: imprisonment of 1 year and 10 months, and 2 months: imprisonment of 1 year and 4 months: 3 months: imprisonment of 1 year, and 4 months: imprisonment of 1 year, and 3 months

B. Defendant B’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) by the lower court is too unreasonable.

C. The first instance court’s sentence against the prosecutor’s Defendants is too unhued and unreasonable.

Judgment

A. The judgment of the court below on the grounds of appeal by the defendant A and the prosecutor was examined ex officio prior to the judgment on the grounds of appeal by the defendant A and the prosecutor, and each appeal case by the defendant A was consolidated. Each offense by the court below against the defendant A is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant A cannot be maintained any more.

B. According to the judgment of the court below as to Defendant A’s assertion of misapprehension of the legal principles, the facts charged in violation of the Resident Registration Act of the attached Table 1-1 (K) among the facts charged in the judgment of the court below in the judgment of the court below are the same as the facts charged in violation of the Resident Registration Act of the attached Table 1-1 (K), 10, 32, 39, 53, 56 through 58, 62, 65, 66, and 68 among the facts charged in the judgment of the court of first instance; the facts charged in violation of the Telecommunications Business Act of the judgment of the court of first instance among the facts charged in the judgment of the court of first instance are the facts charged in violation of the Resident Registration Act of the attached Table 3 (1) 3 through 7, 9 through 11, 13 through 22; the facts charged in violation of the attached Table 1-1 (K) 1 through 5, 10, 39, 533, 56 through 566