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(영문) 부산지방법원 2014.09.26 2014노2576
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal is too unreasonable for a six-month sentence of imprisonment sentenced by the court below to the defendant.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to imprisonment with prison labor for the crime of occupational embezzlement at the Busan District Court on March 13, 2014 and eight months for the same year.

8. 8. 8. Recognizing the fact that the above judgment became final and conclusive, the above crime and each of the crimes of this case, for which judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and determine punishment after considering equity and equality in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, and examining whether mitigation or exemption of punishment is granted. As such, the lower judgment which

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The gist of the facts charged and the summary of the evidence admitted by the court in question is as follows: "The defendant is sentenced to eight months of imprisonment for the crime of occupational embezzlement in Busan District Court on March 13, 2014 and eight months of imprisonment for the crime of occupational embezzlement in Busan District Court."

8.8 The above judgment became final and conclusive.

In addition to adding "1. Results of case search and copies of each judgment" to the summary column of evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, the choice of imprisonment for each crime;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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