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(영문) 대구지방법원 2015.05.21 2015노1073
위증등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (ten months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

When submitting several forged documents and using them in a lump sum, each of them shall be the crime of uttering of each falsified document, and it shall be the crime of uttering of each falsified document.

B. While the crime of uttering of each investigation document mentioned in paragraph (2) constitutes an ordinary concurrence, the judgment of the court below shall be deemed to have committed an unlawful act which affected the conclusion of the judgment by misapprehending the legal principles as to the number of crimes by omitting the application of Articles 40 and 50 of the Criminal Act with respect to this part of the crime in the application of the law and punishing them as concurrent crimes together with other crimes.

In this respect, the judgment of the court below cannot be maintained.

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, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act as to the crime;

(a) (1) The point of reference to the private document mentioned in paragraph (1) is the point of reference, and Articles 231 and 30 of the Criminal Act are the first of all the judgment;

(a) 2) The point of each private document set forth in paragraph (2) is the same as that of each other, and the first decision set forth in Articles 234 and 231 of the Criminal Act;

B. (1) The use of each of the above investigation documents as described in paragraph (1) and the use of each of the above investigation documents as stated in Articles 234, 231, and 30 of the Criminal Code

(b) Article 152(1) of the Criminal Act (the occupation of perjury) and Articles 352 and 347(1) of the Criminal Act (the occupation of attempted fraud)

1. Article 40 and Article 50 of the Criminal Act with respect to the ordinary concurrent crimes;

(b) Crimes of uttering of each falsified document described in paragraph (2)

1. Punishment;

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