(영문) 의정부지방법원 2013.11.06 2013노956

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2013.11.06 2013노956

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to one year to imprisonment with prison labor for fraud, fabrication of private documents, or uttering of the above investigation documents at the Busan District Court's Dong Branch on January 30, 2013. The defendant and the prosecutor appealed. The appellate court's judgment was reversed on April 19, 2013. The judgment below was reversed on April 19, 2009, and the crime of forging private documents and uttering of the above investigation documents was committed on April 27, 2010 and concurrent crimes under the latter part of Article 37 of the Criminal Act, each of which was committed on April 27, 2012, and each of which was committed on April 27, 2013, with prison labor for six months or more, and the above judgment became final and conclusive on April 27, 2013. Since each of the above facts in the judgment of the court below did not have to be mitigated from punishment under Article 37 (1) of the Criminal Act.

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: "The defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court on April 19, 2013 and the above judgment became final and conclusive on April 27, 2013" in the first head of the facts charged during the reasoning of the judgment of the court below; and "the summary of evidence" in the judgment "1."

참조조문

-형법 제39조 제1항

-형사소송법 제364조 제2항

유사 판례

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