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(영문) 수원지방법원 2017.09.06 2017노1961
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for ten months of imprisonment, 80 hours of community service, and 40 hours of lecture to comply with orders) is too uneasy and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

In the first instance trial, the Prosecutor stated the name and signature of the Defendant D in the column for the “written confirmation of arrest of a flagrant offender” of 2.4,5,6,7 of the facts charged in the instant case. On the same day, the Prosecutor stated the name and signature of the Defendant D in the “written confirmation” column for the “the driver’s name” column for the “written circumstantial statement statement statement of the primary driver” and forged two copies of the “written private document under the name of D pertaining to the verification of facts” in the “written confirmation of the arrest of a flagrant offender”. The Defendant’s name and signature were written in the “written confirmation” column for the “written confirmation of the arrest of a flagrant offender,” and subsequently forged the written private document under the name of D pertaining to the verification of facts. On the same day, the Prosecutor changed the name and signature of D to “the driver’s name and signature of D” column for the “written confirmation,” and the Defendant’s written application for change to the “written confirmation” of the facts charged in the instant case.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: “2. Forgery of private documents, uttering of the above investigation document, forgery of private signature, and forgery of signature” in the judgment of the court below on the 9th page of the facts constituting the crime of the court below.

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