logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.02.07 2013노2102
공문서위조등
Text

The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) With respect to the use of forged public document, which is the part not guilty of the judgment of the court of first instance on mistake of facts, it is reasonable to see that the defendant presented a forged fire-fighting official certificate to M, but the judgment of the court below not guilty of this part of the facts charged is erroneous in misunderstanding of facts. 2) The sentence (one year and six months of imprisonment) sentenced by the court below against the judgment of the court of first instance

B. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for 1 year and 6 months; 2. Imprisonment for 10 months) is too unreasonable.

2. Prior to the determination of the grounds for appeal ex officio, the first and second court rendered ex officio a judgment to sentence the defendant to imprisonment with prison labor for one year and six months and ten months. The first instance court decided to concurrently examine the two appeals cases in relation to the first instance court in which the prosecutor and the defendant filed an appeal against the second instance court, and the second instance court in relation to each of the two appeals cases in which the defendant continued by filing an appeal against the second instance court. Each of the offenses committed by the first instance court and the second instance court in which the defendant was guilty under the former part of Article 37 of the Criminal Act are concurrent offenses under the former part of Article 38(1) of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the first instance court's conviction and the second instance court's judgment cannot be exempt from reversal.

However, inasmuch as the prosecutor's assertion of mistake is still subject to the judgment of this court, even if there is a ground for ex officio reversal, we will examine this below.

3. Judgment on the prosecutor's grounds for appeal for mistake of facts

A. The summary of this part of the facts charged is around 08:30 on December 22, 2012 to M, the other party to the traffic accident, i.e., the instant case.

arrow