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(영문) 수원지방법원 2016.07.13 2016노1387
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (i.e., the decision of the court below 1: imprisonment for 8 months; (ii) imprisonment for 3 months) is too unreasonable.

2. We examine ex officio determination.

The first and second judgment against the defendant was rendered, and the defendant filed an appeal against it, respectively, and this court decided to hold a joint hearing of each of the above appeals cases.

Each crime of the first and second judgment against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

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

Application of Statutes

1. Article 37 subparag. 3-2 of the Act on the Registration of Residents of the Selection of Punishment (a false application related to a resident registration certificate), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228(1) of the Criminal Act, Article 34(1) of the Criminal Act, Article 229 and Article 228(1) of the Criminal Act, Article 34(1) of the Criminal Act, Article 34(1) of the Criminal Act (a) of the Criminal Act, Article 34(1) (a) of the Criminal Act, Article 152 subparag. 1 and 43 of the Road Traffic Act (a false application related to a resident registration certificate), Article 234 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the former Guarantee of Automobile Compensation (a person who enters the Republic of Korea by Act No. 1298, Jan. 6, 2015); Article 28(2) of the former Guarantee of Automobile Compensation for Damages

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