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(영문) 대구지방법원 2016.05.13 2015노1841
주민등록법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the record of this case and this court’s significant facts, the Defendant appealed after being sentenced to forgery of official documents, uttering of forged official documents, and imprisonment with prison labor for fraud on April 29, 2015 at the Seo-gu District Court Branch Branch of the Daegu District Court, Daegu District Court (No. 2015No. 1040), which was the appellate court on May 8, 2015, and sentenced to a suspended sentence of two years for October, 2015, and the said judgment became final and conclusive on May 16, 2015.

Since each crime of the judgment of the court below against the defendant and each of the above crimes for which the judgment of the court below became final and conclusive are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment for each crime of the judgment of the court below shall be sentenced at the same time in consideration of equity and equity in the case where the judgment is to be judged at the same time, so the judgment of the court below

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged by this court and the evidence related thereto, among the reasoning of the judgment of the court below, are as follows: “The defendant appealed from the vice branch of the Daegu District Court on April 29, 2015, on the sentence of forgery of official documents, uttering of forged official documents, and imprisonment with prison labor for 10 months; on May 8, 2015, the Daegu District Court sentenced 2 years of suspension of execution to October, 2015, and became final and conclusive on May 16, 2015.

Except for the addition of “the foregoing,” it is identical to each corresponding part of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 37 of the relevant Act and Article 37 of the Act on the Registration of Residents of the Selection of Punishment (Unlawful Use of Resident Registration Number) concerning criminal facts, and the Criminal Act;

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