logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.09.17 2020노453
공문서위조등
Text

The remaining parts of the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance are reversed.

Reasons

The summary of the grounds for appeal (unfair form) each sentence of the original court (the first instance court's imprisonment with prison labor for three years, and the second instance court's imprisonment with prison labor for four months) is too unreasonable.

2. The first instance court accepted the application for compensation by the applicant for compensation, and the Defendant did not assert the grounds for appeal against this part, and even if ex officio was examined, the grounds for revocation or alteration cannot be found. Thus, the part of the first instance court’s judgment citing the compensation order remains intact.

3. Prior to the judgment on the grounds for appeal ex officio following the consolidation, the defendant filed an appeal against the judgment below, and then filed an application for consolidated proceedings of territorial jurisdiction with the Supreme Court. The Supreme Court decided that each of the above appeals should be consolidated into the court.

However, since each crime of the judgment below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the remainder of the judgment of the court below, except the compensation order portion, is no longer maintained.

4. Accordingly, 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, and the remaining parts of the judgment of the court below except the compensation order are reversed, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of each judgment of the court below. Thus, it is

Application of Statutes

1. Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, each of the criminal laws against criminal facts.

arrow