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(영문) 수원지방법원 2014.08.14 2013노5995
사문서위조등
Text

Of the judgment of the court of first instance, the part against Defendant A and the judgment of second and third court shall be reversed in entirety.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts was served on December 13, 2013 with the notification of receipt of the trial record and the notice of appointment of a state appointed defense counsel on December 27, 2013, and the court rendered a decision to appoint a state appointed defense counsel on January 2, 2014. However, this court rendered a decision to revoke the appointment of a state appointed defense counsel on January 6, 2014 by the Defendant’s appointment of a state appointed defense counsel on January 7, 2014. Furthermore, the Defendant and his defense counsel newly asserted this part on May 1, 2014 on the third day of the court on May 1, 2014, this part of the grounds for appeal need to be determined differently because this part of the court below’s judgment was only after the lapse of the period for submitting the statement of grounds for appeal, but this part of the court below’s decision is reversed ex officio, and thus, this part of the court below’s decision did not affect the conclusion of the ex officio examination.

B. Of the judgment of the court of first instance, the punishment of Defendant B against the Defendant (7 million won of fine) is too unreasonable.

C. Of the lower judgment of the first instance court, the sentence against the Defendants (Defendant A: Imprisonment with prison labor for one year and four months; and Defendant B: fine of seven million won) is too uneased and unreasonable.

2. Ex officio determination on Defendant A

A. Prior to the judgment on the grounds for a consolidated hearing, the court of original judgment, Nos. 1, 2, and 3, ex officio, has completed a separate hearing with the Suwon District Court 2013 order 5325 order against the defendant, No. 2013 order 2013 order 7310 order at the same court and the same court 2014 order 1320 respectively.

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