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(영문) 수원지방법원 2020.12.23 2020노2987
공문서위조등
Text

The defendant case portion and the second judgment of the court of first instance shall be reversed respectively.

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

Reasons

1. Summary of grounds for appeal;

A. The respective sentences of the lower court (the first instance court: the imprisonment of 3 years and 6 months, and the second instance: the imprisonment of 2 months) are too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

2. As to all of the judgment below, the defendant brought an appeal against the first judgment of the court below, and the court of the first instance decided to hold the above two appeals jointly. Each of the crimes that the judgment of the court below found guilty shall be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, among the first judgment of the court of the court of the first instance, the defendant's case and the second judgment

In addition, when the defendant was in the trial, the existence of liability for compensation against the applicant for compensation or its scope is not clear by mutual agreement with the applicant for compensation, and in the case of the applicant C, the application for compensation was withdrawn by the trial.

3. The part concerning the defendant's case and the part concerning the judgment of the court of first instance on the ground of the above ex officio reversal in the judgment of the court of second instance. Thus, the part concerning the defendant's case and the judgment of the court of second instance among the judgment of the court of first instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the part concerning the defendant's appeal among the judgment of the court of first instance and the judgment of the court of second instance are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is again ruled after pleading. Pursuant to Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., the part concerning

[The part of the judgment of the court of first instance concerning the defendant's case and the reasoning of the judgment of the court of second instance which is used again for the judgment of the court of second instance] criminal facts and the summary of evidence are identical to each corresponding part of the judgment of the court of first instance.

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