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(영문) 서울중앙지방법원 2016.11.25 2016노1819
사문서위조등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is heavier than the lower court’s punishment.

2. This Court held that the judgment of the court below was consolidated and tried, and that each crime of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in its entirety and it is so decided as follows through pleading.

[Discied Judgment] The same shall apply to the relevant column of the judgment of the court below on criminal facts and summary of evidence.

Application of Statutes

1. Relevant legal provisions for facts constituting an offense, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Article 97 subparagraph 7 and Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, Article 71 subparagraph 5 of the Personal Information Protection Act, and Article 59 subparagraph 2 of the same Act, each of the choice of fines;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

5. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, together with the circumstances revealed by the lower court in the grounds for sentencing and the grounds for the decision of fine, and all other conditions of sentencing that are shown in the record, shall be determined by taking into account.

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