logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.07.17 2014노525
사문서위조등
Text

We reverse the judgment of the court below.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 2 million, and the second instance judgment: the fine of KRW 1 million) declared by the lower court is too unreasonable.

2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines for each crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant, in order to put another person's personal information on his/her cell phone sales store, opens a cell phone by stealing another person's personal information and misappropriation another person's personal information, thereby forging the application for change of name by forging the application for change of name, and the quality of the crime is not somewhat weak by using the forged application for change of name

However, the Defendant did not have any history of criminal punishment before the instant case, and recognized each of the instant crimes, and is in profoundly against the Defendant.

On January 17, 2014, the defendant committed by the same method at the time of the instant case, sentenced to imprisonment with prison labor for four years at the Daegu District Court on January 17, 2014, and the appellate court at the Daegu High Court is pending.

arrow