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(영문) 전주지방법원 2015.07.01 2015노67
도박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the statutory penalty for the crime of violating the Acts and subordinate statutes, and the crime of forging or forging a private signature and the crime of uttering of a false signature, the judgment of the court below which selected the fine is erroneous.

B. The lower court’s sentence of unreasonable sentencing (a fine of 6 million won) is too uneased and unreasonable.

2. Determination

A. We examine the argument of violation of Acts and subordinate statutes. The crime of forging a private signature as indicated in the judgment of the court below is a crime falling under Article 239(1) of the Criminal Act and Article 239(2) and (1) of the Criminal Act, and the statutory penalty is limited to imprisonment for not more than three years, but the court below, upon recognizing the guilty of the facts charged as to each of the above crimes, selected a fine and sentenced to a fine not exceeding six million won.

Therefore, the judgment of the court below is erroneous in affecting the judgment.

The prosecutor's assertion pointing this out is with merit.

3. If so, the prosecutor's appeal on the grounds that the prosecutor's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence were added to the first head of the judgment of the court below on March 23, 2012, and "the defendant was released on August 14, 2012 and the remaining term of punishment has expired on September 22, 2012 while he/she was sentenced to imprisonment for 8 months and a fine of 1 million won for fraud and gambling at the Jeonju District Court on March 23, 2012."

2. Five (5) acts violating the Resident Registration Act, a criminal suspect used another person's resident registration number unlawfully. "B" and the defendant used another person's resident registration number unlawfully. "B" is changed to a third person, and the last summary of the evidence is "1. A previous conviction: A statement of criminal history records, investigation report, a copy of the same kind of crime against A of the suspect."

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