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(영문) 대전지방법원 2016.03.24 2015노3021
위조공문서행사등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the reasons for appeal (unfair sentencing) of the original judgment (in the first instance court: imprisonment with prison labor for a year and April, and the second instance court: imprisonment with prison labor for a period of eight months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Each crime recognized by the lower judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act with each other, and thus, a single punishment shall be sentenced within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The conclusion of the judgment below is that there is a ground for reversal ex officio as above, and without examining the defendant's unfair argument of sentencing, all of the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is again decided after pleading, and pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 25 (1) of the judgment of the court below No. 2 of the second instance is amended to “AF” as “AG”.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 347(1) and 30 of the Criminal Act concerning the choice of punishment (the point of fraud, the choice of imprisonment with labor for each type), Articles 229, 225, and 30 of the Criminal Act (the point of uttering of forged public document), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) (the point of injury, choice of imprisonment with labor), Article 2(2)3 of the Criminal Act, Article 350 of the Criminal Act (the point of attack, the choice of punishment for an act of violence, etc.)

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed the crime of fraud of the same number of laws against many victims. In order to collect money exceeding the actual repair cost, the victim was found in the sick room where the victim was hospitalized to receive money.

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