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(영문) 부산지방법원 2015.07.17 2015노717
사서명위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of suspended execution and 80 hours of community service in June) is too unreasonable.

According to the records of ex officio determination, the crime of this case is committed by forging the signature of the name C for the purpose of exercising by the defendant, and using the suspect interrogation protocol containing each signature of the forged name C as above, and each of the above crimes of forging each private signature and the above crimes of forging each private signature and the above crimes of uttering of each private signature and each of the above crimes of uttering of the above investigation shall be deemed to be in concurrent crimes

(See Supreme Court Decision 2005Do4478 Decided December 23, 2005, and Supreme Court Decision 201Do503 Decided March 10, 201, etc.). Nevertheless, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby adversely affecting the conclusion of the judgment, on the grounds that the application of the statutes was omitted among concurrent crimes under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and as a result, there was a difference in the scope of punishment. Therefore, the lower court’s judgment was reversed.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is as follows: "At the same time, the signature of the above C was forged" in two pages of the judgment of the court below, and the signature of the above C was forged; "at the same time," in the same six lines are as stated in each corresponding column of the judgment of the court below, except where "at the same time it was exercised", and "at the same time it was exercised." Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 239(1) of the Criminal Act (the point of private signature) and Article 239(2) and (1) of the Criminal Act (the point of exercising a false investigation and signature) of the relevant criminal facts.

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