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(영문) 부산지방법원 2016.12.08 2016노2281
사기
Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. The punishment of a fine of two million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, on June 18, 2015, the defendant was sentenced to eight months of imprisonment with prison labor on the charge of forging public documents at the Busan District Court's Dong Branch Branch, Busan District Court's branch, etc. on January 23, 2016, and the above judgment became final and conclusive on January 23, 2016. Since the crime of forging public documents and the crime of forging public documents are concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of this case, the equity between the case where the sentence

The judgment of the court below which determined the punishment against the defendant with an excessive charge of this point shall not be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: “The defendant was sentenced to eight months of imprisonment with prison labor on June 18, 2015 in the Busan District Court’s Dong Branch Branch, which became final and conclusive on January 23, 2016,” in the first head of the facts charged in the judgment of the court below; and the summary of the evidence was as stated in the judgment of the court below, with the exception of adding “1. previous records: case agreement assistant, and each judgment” to the main part of the evidence, and thus, it is identical to the corresponding part of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant recognized the error in the trial and took an attitude against the defendant in the trial, and the defendant returned the victim the amount of KRW 15 million.

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