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(영문) 인천지방법원 2015.02.13 2014노3721
공문서위조등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.

The defendant above.

Reasons

1. The gist of the grounds for appeal is that each of the original decisions (No. 1 and 6 months, confiscation, and 2: imprisonment with prison labor for 1 year and 6 months, and fine of 3 million won) is excessively unreasonable.

2. Before determining the grounds for appeal by the Defendant, this Court tried ex officio prior to the determination of the grounds for appeal by the Defendant. This Court held two cases of appeal by the two original judgments together, and each of the crimes in the decision of the original court is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to punishment in accordance with Article 38

In this respect, the judgment of the court below is no longer maintained.

3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, the lower judgment ex officio pursuant to Article 364(2) of the Criminal Procedure Act is reversed, and the following judgments are rendered again through pleadings.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the facts of the judgment of the court below, so all of them shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 225, 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, and 231, and 30 of the Criminal Act, Articles 78 subparagraph 2 and 71 (1) of the Motor Vehicle Management Act, Articles 30 (1) of the Criminal Act, Articles 81 and 10 (2) of the Motor Vehicle Management Act, Articles 30 (3) and 241 of the Criminal Act, Articles 231 and 30 (1) of the Criminal Act, Articles 30 (1) of the Criminal Act, Article 130 (1) of the Criminal Act, Article 214 (1) of the former Customs Act, and Article 261 of the former Customs Act, respectively.

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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