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(영문) 수원지방법원 2015.11.11 2015노4678
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. In relation to Article 1(b) of the facts constituting a crime as indicated in the judgment of the court below, the public prosecutor changed the term “private signature forgery”, “a private document forgery”, “a private document uttering”, and “Article 239(1) and (2) of the Criminal Act” in the facts charged as “Articles 231 and 234 of the Criminal Act” to the effect that “F’s signature is forged,” and, at the same time, submitted the documents containing the forged F’s signature to the above E as if the genuine signature was written, and used them as if the authentic signature was written,” and changed the term “a private document” to the effect that the signature was written in the name of F, a private document regarding a certificate of fact-finding, written consent for blood gathering, written statement of the primary driver, written statement of the primary driver, and written report of the fact-finding to the effect that it was forged and falsified,” and the Defendant changed the term “a private document to the effect that it was forged and falsified,” and the same constitutes an unlawful use of evidence under Article 231 of the Criminal Act.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the court below erred by forging each private signature.

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