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(영문) 인천지방법원 2015.10.07 2015노2990
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

An application for the issuance of a seized resident registration certificate.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Ex officio determination

A. On January 21, 2015, the summary of the facts charged as to the forgery of private documents and the uttering of private investigation documents listed in Nos. 3 Nos. 10 and 11 listed in the attached Table 3 of the judgment below, the Defendant stated “M” in the column for “applicant” in the written consent to provide personal information in M’s name, and “AL” in the written consent to provide personal information in the name of “applicant” in the name of “AL”, and used the forged personal information by forging the written consent to provide personal information in the name of another.

B. (1) In full view of the evidence duly admitted and examined by the lower court, the lower court acknowledged the fact that, while submitting an accident report statement to the effect that M andL was issued by the Buddhist Card Co., Ltd. on January 21, 2015, by gathering their personal information, the Plaintiff directly prepared a written consent to provide personal information (No. 236, 239 of the investigation records No. 10754, Jan. 21, 2015) in the name of the same person, and there is no evidence to acknowledge that the Defendant forged and exercised the written consent to provide personal information under the name of M andL.

(2) Therefore, this part of the facts charged constitutes a case where there is no proof of a crime, and the lower court erred by determining otherwise, which affected the judgment.

3. According to the conclusion of the judgment of the court below, there exists a ground for ex officio reversal on the forgery of private documents and the uttering of private investigation documents listed in [Attachment 3] Nos. 10, 11 of the List of Crimes as stated in the judgment of the court below. Since the court below deemed the facts charged and the remaining facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced one punishment pursuant to Article 38(1)2 of the Criminal Act, the judgment of the court below is entirely reversed pursuant to Article 364(2) of the

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