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(영문) 의정부지방법원 2013.06.28 2013노162
사문서위조등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for not more than four months, and a second offense as to the decision of the court.

Reasons

Punishment of the crime

1. Summary of grounds for appeal;

A. misunderstanding of facts and EF had a seal imprint affixed to the instant letter of payment written by the Defendant (the letter of payment dated March 2, 2009) and issued a certificate of seal imprint. The Defendant did not forge the instant letter of payment.

Nevertheless, the court below convicted the defendant, which is erroneous in the misunderstanding of facts.

B. The sentence imposed by the lower court (six months of imprisonment and six months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to the records, etc. of this case, the defendant was sentenced to one year of suspension of execution on September 27, 2012, which was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court on April 27, 2012, and the above judgment became final and conclusive on February 28, 2013. The crime of Article 1 of the judgment of the court below is in a concurrent relationship with the crime of fraud, etc. for which judgment has become final and conclusive, and in accordance with the latter part of Article 37 of the Criminal Act, the punishment shall be determined by taking into account the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act and equity. However, the court below taken such measures only

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this will be examined below.

3. The Defendant alleged in the lower court that the instant payment rejection was a document in which the Defendant, E, and F confirmed and sealed its content on the same day.

As to this, the lower court: (a) issued on December 3, 2008, the E’s certificate of personal seal impression attached to the letter of the instant payment was issued on March 24, 2009; and (b) issued on March 24, 2009, as alleged by the Defendant, three persons on March 2, 2009.

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