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(영문) 서울동부지방법원 2014.08.28 2014노839
공문서변조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

No. 1 to 22 of the seized evidence.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. Ex officio determination of ex officio, the crime of uttering of a falsified document constitutes one crime for each purchase of the private document that has been used. As such, the act of exercising a forged number of private documents en bloc is in a win-win relationship.

Of the instant facts constituting the crime of this case, the part concerning the uttering of each of the above investigation documents in Article 3-b (2) is a mutually competitive relation between the crime of uttering of the above investigation documents and the crime of uttering of the above investigation documents due to the exercise of a new contract for the service of the SK Telecom, and the crime of uttering of the above investigation documents due to the exercise of a new contract for the service of the SK Telecom.

Nevertheless, the lower court erred by failing to apply Articles 40 and 50 of the Criminal Act to the crime of uttering of each of the above investigation documents in the process of determining the applicable sentences.

Therefore, the judgment of the court below is no longer maintained.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of "the present presence of seized articles 1. (No. 1. 22)" to the summary of the evidence, and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article

Application of Statutes

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Article 347 (1) of the Criminal Act for the crime;

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