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(영문) 서울고등법원 2016.03.31 2015노2425
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

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

In the first instance trial, among the facts charged by the prosecutor, the facts charged as the primary charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (influence) and the facts charged below are added as the ancillary charges, and the name of the crime "the name of the conjunctive crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)" is added to "the provisions of the preliminary application: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; Article 347 (2) and (1) of the Criminal Act"; Article 347 (1) of the Criminal Act is added to "the provisions of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; it was changed by this court's permission; and this part shall be sentenced to a single sentence within the scope of the aggravated punishment pursuant to Article 38 (1) of the Criminal Act in relation to the remaining facts charged by the court below and concurrent crimes under the former part of Article 37 of the Criminal Act.

3. Thus, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

Punishment of the crime

The facts of the crime acknowledged by this court are as follows: (3) of the judgment below's criminal facts "3..... the defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on October 14, 2013 at the office of 28th floor office located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, a copy of the letter of payment assurance in the name of C life insurance, such as the above 1-B, which was forged, is delivered to the victim first L&C Co., Ltd., Ltd., and the above employees as if they were duly formed.

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