logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.06.20 2013노252
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

Summary of Grounds for Appeal

The punishment (the first judgment of the court below: the imprisonment of August and the second judgment: the imprisonment of the court below) sentenced by the court below is too unreasonable.

Judgment

Prior to the judgment on the grounds for appeal by the defendant, the first and second court rendered a separate examination and rendered a judgment of conviction against the defendant, and then the defendant filed an appeal respectively. The court decided to hold the above appellate case together with the above appellate case.

However, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the first and second judgment of the court below against the defendant was no longer maintained in this respect.

Therefore, 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 it is so decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: the facts charged and the summary of the evidence are as follows: (a) except that the “M” under Section 7 of the judgment of the court of first instance is deemed as “O”, the same as the corresponding columns of the judgment of the court of first and second instance; and (b) thus, they are cited in accordance

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 234 of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Articles 234 of the Criminal Act, Articles 232-2 of each Criminal Act, Articles 34 and 232-2 of each Criminal Act, Articles 34 of each Criminal Act, Article 347 (1) of each Criminal Act, Article 347 (1) of each Criminal Act, Article 355 (1) of the Criminal Act, Articles 355 (1) of the Criminal Act, each of the choice of punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes:

arrow