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(영문) 창원지방법원 2015.02.12 2014노1807
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because each punishment (the first and second years of imprisonment with prison labor: 1 year and 2 months: 1 year and 1 year of imprisonment) declared by the court below is too unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio determination. Each of the crimes in the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal. The judgment of the court below is reversed, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, and Article 230 of the Criminal Act for the crimes in question;

2. Articles 40 and 50 of the Criminal Act (mutual between the crimes of uttering of an investigating document as of February 1, 2013, and between the crimes of uttering of an investigating document as of February 25, 2013, respectively, between the crimes of uttering of an investigating document as of March 10, 2013, between the crimes of uttering of an investigating document as of March 10, 2013, between the crimes of uttering of an investigating document as of May 29, 2013, and between the crimes of uttering of an investigating document as of June 11, 2013, respectively);

3. Selection of each sentence of imprisonment;

4. Article 35 of the Criminal Act among repeated crimes;

5. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed several times, and the defendant obtains a mobile phone from the victims who operate a mobile phone membership agency by forging a private document, and acquires it by fraud.

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