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(영문) 대전지방법원 2016.05.19 2015노3569
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing): The sentencing of each court below (the first instance court: the imprisonment of 10 months and the second instance: the imprisonment of 4 months) is too unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case of the judgment below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be concurrently sentenced pursuant to Article 38(1) of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes.

Therefore, all judgment of the court below cannot be maintained.

3. In conclusion, the judgment below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Articles 231, 30 (the fact of the above Article of private document), 234, 231, 30 (the fact of exercising the above investigation document), 228(1) (the fact of false entry in the original document), 229, and 228(1) (the fact of exercising the original document of process entered in a false manner) of the Criminal Act as to facts constituting an offense, Article 86 of the former Military Service Act (amended by Act No. 7541 of May 31, 2005), Article 94 subparag. 1 and 3(1) of the former Immigration Control Act (amended by Act No. 7406 of March 24, 2005), Article 86 of the former Military Service Act (amended by Act No. 7541 of May 31, 2005)

1. Punishment as provided for in Articles 40 and 50 of the Commercial Concurrent Act (a punishment as provided for in Articles 40 and 50 (a punishment as provided for in Articles 40 and 50 of the Criminal Act on January 13, 2004) between the crimes of gambling in each of the above investigation documents, and punishment as provided for in the crimes of gambling in a passport of the Republic of Ecuador with the largest forgery. A punishment as provided for in the crimes of gambling in each of the above investigation documents on November 9, 2004, and punishment as provided for in the crimes of gambling in a passport of the Republic of Ecuador with the largest forgery)

1. Imprisonment with prison labor for each choice of punishment;

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