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(영문) 춘천지방법원 2015.11.18 2015노378
사문서위조등
Text

Of the first and second original judgments, the convictions against Defendant B shall be reversed.

Defendant

B shall be sentenced to four months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, each sentence (7 million won by each fine) against the Defendants of the court of first instance (with respect to the judgment of the court of first instance on the judgment of the court of first instance) is too unjustifiable and unreasonable.

B. The sentence of imprisonment (4 months of imprisonment) against Defendant B by the second instance court on the conviction part of the second instance judgment is too unreasonable.

2. Ex officio determination

A. Of the judgment of the first instance, the prosecutor examined the part of the judgment of the court of first instance ex officio with respect to Defendant A, and the part of the judgment of the court of first instance with respect to all the facts charged by the court of first instance that “Defendant A was sentenced to a suspended sentence of one year on August 20, 2015, and the judgment became final and conclusive on August 28, 2015,” which read “the latter part of Article 37 of the Criminal Act” was added to the applicable provisions of law, and applied for an amendment of indictment with the content that “the latter part of Article 37 of the Criminal Act” was added to the applicable provisions of law. By allowing this, the court determined a sentence after considering equity between the case in which the judgment becomes final and conclusive pursuant to Article 39(1) of the Criminal Act and the case in which the instant crime was adjudicated simultaneously, and thus, the part of the judgment of

B. Of the conviction part of the first and second convictions, the first and second convictions as to each of the defendant B were examined separately by the court below and sentenced the defendant B to each of the above punishments. The prosecutor filed an appeal as to the conviction part of the first judgment, and the defendant B filed an appeal as to the conviction part of the second judgment, and the above appellate court decided to hold concurrent hearings. Each of the crimes of the first and second judgment against the defendant B are concurrent crimes under Article 38(1) of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act. Thus, the first and second judgment and the second judgment guilty part of the second judgment shall be sentenced to a single sentence.

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