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(영문) 서울동부지방법원 2014.07.03 2013노1425
사기등
Text

The judgment of the court below (excluding the part concerning the application for compensation order among the judgment of the court below of second instance) shall be reversed.

Two years of imprisonment.

Reasons

1. The summary of the grounds for appeal (e.g., punishment of the court below: 2 years of imprisonment with prison labor; 2 months of imprisonment with prison labor) of the court below against the defendant is too unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

B. In the first instance court, the case of the second instance judgment against the Defendant was combined, and each of the crimes of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the aggravated punishment pursuant to Article 38(1) of the Criminal Act. Thus, the lower court’s judgment (excluding the part of the lower court’s second instance judgment regarding the application for compensation order; hereinafter the same shall apply) may no longer be maintained

C. The first instance court committed an unlawful act of omitting the application of Article 231 of the Criminal Act and Articles 234 and 231 of the Criminal Act with regard to the forgery of each private document and the uttering of a falsified private document among the criminal facts of this case by the defendant, and it constitutes a case where the application of the statutes is completed and thus it affects the conclusion of the judgment. Therefore, the judgment of the court below cannot be reversed in this regard.

In addition, the prosecutor applied for changes in the indictment to the judgment of the court of first instance against the judgment of the court of first instance, and since this court permitted the changes in the subject of the judgment, the judgment of the court below cannot avoid reversal in this regard.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal of unfair sentencing, and the judgment below is again decided as follows after hearing.

[C] The summary of the facts of the crime and the evidence admitted by the court and the summary of the evidence are the facts of the crime and the summary of the evidence. The nominal owner in [Attachment 1] Nos. 1 and 2 of the judgment of the court of first instance refers to H, the part of the "F".

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