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(영문) 대구고등법원 2019.01.17 2018노446
통화위조등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Each error that has been seized.

Reasons

1. In the statement of grounds for appeal as to the judgment of the court of first instance, the defendant's defense counsel asserted that "the currency is not forged for the purpose of uttering, but has been in a state of mental or physical disability at the time of committing the crime," as the grounds for appeal. However, on the first trial date of the court of first instance, the court of first instance explicitly withdrawn such assertion, taking such circumstance into account in sentencing, and only the grounds for appeal on the grounds of unfair sentencing are asserted as grounds for appeal." In the statement of grounds for appeal as to the judgment of the court of second instance, the court of second instance asserted that "the defendant did not have to be mitigated from punishment even though he/she made a confession as to the non-existence of the defendant" as the grounds for appeal. However, the court of

Each punishment (one year of imprisonment and confiscation, and six months of imprisonment) imposed by the court of first and second instance on the defendant is too unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to the judgment ex officio.

The Defendant filed an appeal against all of the judgment below (the judgment of the court below Nos. 1 and 2), and this court decided to hold a joint hearing of two cases.

However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 of the Criminal Act, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, since there are grounds for reversal of authority as seen earlier.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence.

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