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(영문) 수원지방법원 2020.06.12 2020노1076
공문서위조등
Text

All the judgment below is reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

The District Prosecutors' Office that was seized in 2019.

Reasons

1. Public prosecutor on the gist of grounds for appeal: Defendant on the grounds of unfair sentencing (as to the case of 2020No1076): each of the defendant:

2. Prior to the judgment on the assertion of unfair sentencing by both parties to the judgment, this paper examined ex officio.

With respect to the judgment of the court of first instance which sentenced the defendant one year and six months of imprisonment, the prosecutor and the defendant, and with respect to the judgment of the court of second instance which sentenced eight months of imprisonment, the defendant appealed respectively and combined both in the trial

The judgment of the court below against the defendant shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, each judgment of the court below cannot be maintained as it is.

3. Each judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is also reversed, and the following is again decided after oral argument.

[C] Each crime recognized by this Court and the summary of evidence of the facts charged by this Court are the same as stated in each corresponding column of each judgment of the court below, except for the fact that the part of "2018 firstman" in the 3rd column of the facts charged in the judgment of the court of second instance is changed to "the first policeman of August 2019", and therefore, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense and the use of an official document selected for a punishment: The use of forged official document under Articles 229, 225, and 30 of the Criminal Act: The use of fraud under Articles 229, 225, and 30 of the Criminal Act: Article 347(1) and 30 of the Criminal Act; Article 347(1) and Article 32(1) of the Criminal Act; Article 347(

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (as to aiding and abetting by fraud)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Each of the crimes of this case, which correspond to the crime of “singing”, referred to as the reason for sentencing under Article 48(1)1 of the Criminal Act, is applicable.

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