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(영문) 대전지방법원 2016.01.14 2015노3161
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) by Defendant (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing) sentence of the lower court is too unfortunate and unreasonable.

2. In a case where multiple private documents forged ex officio are used, several crimes of gambling in the above investigation document constitute an ordinary competition relationship (see Supreme Court Decision 4289No. 188, Sept. 7, 1956). Of the crimes of Article 2015Ma452 subparagraph 4 of the judgment of the court below, the crimes of exercising the power of attorney and the report on the discontinuation of the use of a two-wheeled vehicle in the name of I shall be deemed as an ordinary concurrence of crimes of gambling in the above investigation document.

In this regard, the judgment of the court below was imposed on each of the above crimes as substantive concurrent crimes, and the court below erred by misapprehending the legal principles on the relation of acceptance of crimes, which affected the conclusion of the judgment, so the judgment of the court below was no longer maintained.

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 unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The facts of the crime acknowledged by the court below are as follows: 10,315,05 won in total, “10,900” in [Attachment 4] No. 30,000 per annum in [Attachment 4] “90,000” in [Attachment 4] “90,900 won in total, 350,900 won in [1] 40,000 per annum in [Attachment 4] “350,000 won in total, 350,000 won in [1] in [Attachment 16] in [Attachment 16] to “350,014 won in total; 40,000 won in [1] in [Attachment 4] in [Attachment 16] to “350,00 won in total; 350,000 won in [Attachment 4] in [Attachment 2], 30,000 won in [Attachment 4] in [30,500 won in [Attachment 30]

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