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(영문) 대구지방법원 2016.05.18 2016노1345
사문서위조등
Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won in penalty) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to ten months of imprisonment for fraud at the Daegu District Court on April 12, 2016, and the above judgment became final and conclusive on April 20, 2016. As such, the crime of fraud and each of the crimes of this case, for which judgment became final and conclusive, are in a single concurrent relationship after Article 37 of the Criminal Act, and are determined by the court below after considering equity and consideration of mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Thus, the lower court’s judgment is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this court is as follows: “The Defendant was sentenced to imprisonment with prison labor for not more than ten months at the Daegu District Court on April 12, 2016, and the above judgment was finalized on April 20, 2016.

In addition, “(Before the judgment)” is added to the summary of the evidence, and except for the addition of “(Before the judgment) Defendant’s oral statement” as stated in each corresponding column of the judgment of the court below, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 232-2 of the Criminal Act (the point of uttering of the electronic records company), Articles 234 and 232-2 of the Criminal Act (the point of uttering of the electronic records company), the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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