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(영문) 서울동부지방법원 2015.06.26 2015노345 (1)
공문서위조등
Text

All of the judgment of the court of first instance on the defendant and the second judgment on the defendant shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (the first instance judgment: imprisonment of one year and six months, and the second instance judgment: imprisonment of four months) is too unreasonable; and

2. Prior to the judgment on the grounds for appeal by the defendant, each appeal case against each judgment of the court below against each judgment of the court below was consolidated. Each crime of each judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, which constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be adjudicated concurrently in accordance with Article 38 of the Criminal Act and sentenced to a single punishment. In this regard, each of the judgment of

3. Therefore, each court below's judgment on the grounds of reversal of authority as above is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing, and all of the judgment on the defendant and the judgment on the second judgment of the court of first instance are reversed, and it is decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 225 and 30 of the Criminal Act for the crime concerned, Articles 229, 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act (the use of private documents stated in the judgment of the first instance), Articles 234, 231, and 30 of the Criminal Act (the use of private documents stated in the judgment of the first instance), Articles 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 231 of the Criminal Act, Article 231 of the Criminal Act (the use of private documents listed in the judgment of the second instance), Articles 234 and 231 of the Criminal Act (the use of private documents stated in the judgment of the second instance) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a punishment, fabrication of private documents, uttering of a falsified document, and selection of imprisonment for a crime of fraud;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are set forth in the first crime (Fraud).

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