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(영문) 수원지방법원 2020.04.29 2019노7019
공문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

500,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., the 1th instance court’s punishment (e.g., imprisonment with prison labor for 10 months, additional collection, and 2th instance court’s imprisonment with prison labor for 4 months) is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above two appeals together for a new trial.

Since the first and second original judgment's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act, the first and second original judgment cannot be maintained as it is.

3. Accordingly, 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, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, each of the following Articles:

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

1. The reason for sentencing under Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment is that the crime consists of a planned and organized crime against many unspecified victims, and thus social harm is serious. The defendant plays a role in the collection of cash by forging an official document. The degree of the crime is not somewhat weak.

Defendant.

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