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(영문) 광주지방법원 2016.04.14 2016노154
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The decision of the court below (the first instance court: 4 months of imprisonment and the second instance court: 4 months of imprisonment) on the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below, and the two appeals cases of this court were tried by this court. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to one punishment under Article 38 (1) 2 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Therefore, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231, 30 (Article 30 of the Act on Private Documents in the name of P), 234, 231, 30 (Article 230 of the Criminal Act) of the Criminal Act on criminal facts, Article 231 of the Criminal Act (Article 231 of the Act on Private Documents in the name of D), Articles 234 and 231 of the Criminal Act (Article 234 of the Act on Private Documents in the name of D), Article 37 subparag. 10 of the Resident Registration Act (illegal use of resident registration number) of the Resident Registration Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Inter-Koreanscamscamscamscamscamscamscamscamscamscams

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The basic area (six months to two years) (the forgery, alteration, etc. of private documents) of the category 1 (the scope of recommendation / the forgery, alteration, etc. of private documents) of the scope of punishment recommended according to the sentencing guidelines is nonexistent.

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