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(영문) 대전지방법원 2018.12.07 2017노3787
사문서위조등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the first instance court: the imprisonment of April, the second instance court: the imprisonment of April, the imprisonment of April, and the second instance: the imprisonment of April, and the third instance: the imprisonment of two months) is too unreasonable.

B. Inspection (as to the judgment of the court below No. 3), the sentence of the court below is too unhued and unfair.

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

This Court decided to hold a joint hearing of the appeal cases of the first, second, and third Supreme Court which was sentenced separately by the defendant.

Article 38(1) of the Criminal Act provides that a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act for a crime of concurrent crimes under the former part of Article 37 of the Criminal Act.

The judgment of the court below in 1, 2, and 3 cannot be maintained as it is.

3. As the judgment of the court below was reversed ex officio, the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is so decided as follows.

【Grounds for the judgment in its entirety] Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence. On September 21, 2017, the judgment below became final and conclusive on December 7, 2017, on the following grounds: (a) Defendant was sentenced to imprisonment with prison labor for the crime of forging private documents at the Daejeon High Court (Cheongju) on September 21, 2017.

Except for the addition of “,” as stated in the corresponding column of the judgment of the court below Nos. 1, 2, and 3, this shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347 (1) of the Criminal Act (the point of fraud), and each choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Defendant’s reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is to make a mobile phone by stealing his/her personal information that he/she came to know while operating his/her mobile phone sales store.

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