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(영문) 춘천지방법원 2013.03.20 2012노793
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The sentence of the court below (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant, the lower court, ex officio, found the evidence presented in the lower judgment regarding the crime of fraud, fabrication of private documents, and uttering of private documents, and found the Defendant guilty of this part of the facts charged, by taking into account the evidence, based on which the evidence was admissible.

However, according to the evidence list, which forms part of the 7th trial records of the court below, the defendant's opinion on the above evidence is not written, and it is not clear whether the court below adopted the above evidence as evidence under Articles 312 and 313 of the Criminal Procedure Act was subject to examination of evidence, and it did not decide on the simplified trial procedure differently.

Ultimately, the court below found the defendant guilty of the above part of the facts charged on the basis of the evidence presented without undergoing legitimate evidence investigation through ordinary procedure as to the remainder of the evidence except the defendant's statement in court. Thus, the court below erred by violating the provisions of Article 307 of the Criminal Procedure Act.

3. In conclusion, the court below's judgment is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without any judgment on the defendant's allegation of unfair sentencing, and the court below's judgment is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows. Since each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining crimes as stated in the judgment of the court below, one punishment shall be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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