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(영문) 서울고등법원 2018.05.03 2018노73
통화위조등
Text

Each judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seoul Central District Public Prosecutor's Office that was seized in 2017.

Reasons

1. Summary of grounds for appeal;

A. The punishment (the first instance court: imprisonment with prison labor for a year and six months, confiscation, additional collection, and second instance court: imprisonment with prison labor for a year and one year, confiscation) imposed on the Defendant by each of the lower courts is too unreasonable.

(b)the sentence sentenced to the Defendant by the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. The grounds for appeal against each of the judgment below by the defendant and the grounds for appeal against the prosecutor's judgment of the first instance court against the prosecutor's judgment of the first instance court are examined ex officio prior to the judgment on the grounds for appeal against each of the judgment below by the court below, and the first and second judgment of the court below are joined in the trial. Each of the crimes in the judgment of the first instance court and the second judgment of the court below are concurrent crimes in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes in the judgment of the court below in the judgment of the second instance shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without proceeding to decide on the defendant's unfair argument of sentencing and the prosecutor's unfair argument of sentencing as to the judgment of the court of first instance on each of the judgment below.

[Grounds for the judgment in its entirety] The summary of the facts constituting the crime and the evidence of the defendant recognized by this court and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where "at the five-day old No. 15 and the old No. 16 of the judgment of the court of first instance "at the old No. 15 and No. 16 of the judgment of the court of first instance as "at the old No. 1 in Q within the five-day old No. 1 in the old No. 5 calendar."

Application of Statutes

1. Article 207(1) of the Criminal Act in relation to the pertinent criminal facts and Article 207(1) of the choice of punishment (the provision of Article 207 of the said Act, the provision of Article 207(4) and Article 207(1) of the said Act, and Article 61(1)4 of the Act on the Control of Narcotics, Etc.

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