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(영문) 수원지방법원 2017.11.15 2017노5994
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

In the past trial, the prosecutor changed "the forgery of private documents and the uttering of the above investigation document" to "the forgery of a private signature and the uttering of the above investigation document", and deleted "Articles 231 and 234 of the Criminal Act" in the applicable provisions of the law, and changed "Article 239 (1) and (2) of the Criminal Act" to "the forgery of a private document and the uttering of the above investigation document" in paragraph (3) of the facts charged, and "the forgery of a private document and the uttering of the above investigation document" to "the forgery of a private signature and the uttering of the above investigation document" in paragraph (3) of the facts charged, and "the person required" in paragraph (3) of the same Article to be "the person required" to exercise the above "F" in each gender list of the driver's report and submitted it to the above E for the purpose of exercising the signature and seal, and submitted it to the above E.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) the facts constituting the crime of the judgment of the court below changed the “facing of private documents and uttering of the above investigation document” to “facing of the signature of the company, forging of the above investigation document, and exercising the above “F”; and (b) the part “a person in receipt of the request” (hereinafter referred to as the “person in receipt of the request”) of the judgment of the court below to “F” into each sex column of the State driver’s circumstantial report for the purpose of exercising the right, forging the signature of another

Except for the change to “,” the pertinent column of the lower judgment is the same, and thus, Article 369 of the Criminal Procedure Act is applicable.

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