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(영문) 서울중앙지방법원 2016.04.14 2015노4628
유가증권위조등
Text

The judgment of the court below is reversed.

Of the facts charged in the instant case, forgery of securities, use of forged securities, forgery of private documents.

Reasons

1. Progress of litigation;

A. The lower court and the appellate court of the exchange transmission acknowledged the Defendant’s habitual larceny without recognizing the habitual larceny among the charges of this case against the Defendant, and acknowledged the remainder of the charges of gambling (the use of securities forged, forged, falsified securities, forged, and falsified private documents, and the use of the above investigation documents) as a whole guilty. The lower court suspended the execution of imprisonment for a period of two years with prison labor with prison labor for a period of six months and fine of four million won, and ordered a community service for 40 hours.

Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) applies to the crime of gambling while destroying the original judgment ex officio on the ground that the legal provision regarding the crime of gambling was erroneous, and Article 246(1) of the former Criminal Act was applied to the crime of gambling, and the remainder of the facts charged are recognized as guilty, and the execution of imprisonment for a period of two years has been suspended for the defendant with prison labor of 6 months and fine of 4 million won, while serving a prison term of 40 hours.

(c)

Before the Supreme Court's dismissal and reversal of the appeal, the defendant made a final appeal against the appellate court's judgment, and the Supreme Court reversed and remanded the part as to the forgery of securities, the use of forged securities, the forgery of private documents, and the use of the above investigation documents.

However, the Supreme Court also included the part concerning gambling in the scope of appeal, but did not state the reasons for appeal in the petition of appeal, and did not state the grounds for appeal in the petition of appeal, and it did not state the grounds for appeal, and since the exchange transmission appellate court rendered a fine separately from the above crime, it dismissed the appeal as to gambling on the ground that the remaining part of the lawsuit should be treated separately from the above crime.

2. As above, the part of the appeal concerning gambling was dismissed, and the judgment of the appellate court on the appeal of the exchange transmission only reversed the part concerning the forgery of securities, the use of false securities, the forgery of private documents, and the use of the above investigation document, and thus, the appeal is dismissed.

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