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(영문) 대전지방법원 2013.07.25 2013노156
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

A copy of a seized real estate lease contract.

Reasons

1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to imprisonment with prison labor for one year and a fine of five million won on August 31, 2013 at the Daejeon District Court on August 16, 2012 with respect to a crime of violation of the Act on Special Measures for the Control of Fraud and Public Health Crimes, and that the judgment was finalized on January 31, 2013.

As above, each of the above crimes, the crime of forging private documents, and the crime of uttering of private documents in this case, for which judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined in consideration of equity with the case where judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act. 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 assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment with prison labor for one year and a fine of five million won at the Daejeon District Court on August 16, 2012 (unlawful medical service provider) for the crime of violation of the Act on Special Measures for the Control of Fraud and Public Health Crimes, and the judgment became final and conclusive on January 31, 2013." The summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for addition of "1.1. defendant's trial statement" and "1.1. investigation report" to the summary of the evidence, since it is identical to each corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, and Articles 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively.

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