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(영문) 대전지방법원 2015.07.16 2014노3940
업무상횡령등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. Determination ex officio (the use of a falsified investigative document) is established when two or more documents jointly signed are prepared or used, such as a clan resolution, minutes, and resolution (the purport of the Supreme Court Decision 2005Do4072 Decided July 26, 2007). The act of exercising a forged jointly signed document constitutes a single act according to natural observation or social norms, and thus, the crime of uttering of a falsified document constitutes an ordinary concurrent crime provided for in Article 40 of the Criminal Act.

The court below erred by misapprehending the legal principles as to the number of crimes of uttering of the above investigation document when the defendant uses a document jointly signed by at least two persons, and thereby affecting the conclusion of the judgment, on the ground that the crime of uttering of each above investigation document by exercising a written resolution, meeting minutes, and resolution jointly signed by at least two persons is deemed to be a substantive concurrent relationship.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the grounds for ex officio reversal.

Criminal facts

The facts constituting a crime acknowledged by this court are as follows: (a) the “2,400 square meters” under the 14th sentence from the 13th sentence of the judgment of the court below, which is divided into the 6,036 square meters of “2,400 square meters of evidence before the AJ, which is divided into the 6,036 square meters of “2,400 square meters of evidence” under the 15,31st sentence of the 6th sentence of the judgment of the court below

Article 369 of the Criminal Procedure Act is quoted as it is.

Summary of Evidence

The summary of evidence recognized by this court shall be as shown in the corresponding column of the judgment below.

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