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(영문) 수원지방법원 2020.09.07 2020노1858
공문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

No. 2 of this title.

Reasons

1. The prosecutor asserts that the prosecutor of the grounds for appeal argues that it is improper to regard the punishment of the court of first instance (one year and six months of imprisonment) as being too unhued and unfair, and the defendant asserts that the second instance court's imprisonment (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining the judgment below ex officio before the judgment on the grounds for appeal for ex officio determination. Each of the crimes in the judgment below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus a sentence should be imposed on the basis of Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of uttering of counterfeited public documents) concerning criminal facts, the choice of punishment, and the choice of punishment;

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for compensation order and Article 48(1)1 of the Criminal Act for provisional execution under Article 48(1)1, Article 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, among the concurrent crimes, refers to the crime of this case where the scope and scale of damage is significant and difficult to recover from the victims in a systematic and intelligent manner.

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