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(영문) 서울중앙지방법원 2019.02.15 2018노3471
위조공문서행사등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1.1.1.10.10.20.20.20.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against the Defendant (the first and second lower judgment) Nos. 1 and 2 (the punishment: imprisonment with prison labor for two years and confiscation; imprisonment with prison labor for two years and imprisonment with prison labor for two years) is too unreasonable.

B. The punishment sentenced by the second instance court against the Defendant is too unhued and unfair.

2. The judgment of the court below in the first and second instances against the defendant in the judgment of the court below was rendered and the judgment of the court below in the first and second instances was filed against the defendant in the judgment of the court below, and the prosecutor in the second instance filed an appeal against the defendant in the second instance, and the two appeals were

However, the above judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

[Defendant asserts that the act of receiving and printing a forged official document file does not constitute the crime of forging an official document. However, in a crime related to a document under the Criminal Act, document refers to a copy by a mechanical method that can continuously present the original, which is an indication of intention or concept indicated on the material object continuously or its social function, credibility, etc., with a character or an instrument that can be identical (see Supreme Court Decision 2004Do788, Jan. 26, 2006) and its contents can be admitted as evidence for important social matters under law and social life (see Supreme Court Decision 2004Do788, Jan. 26, 2006). The image shown on the computer monitoring screen cannot be seen as continuously fixed on the screen because it is merely shown on the screen by causing an electronic response at each time when implementing a program to see the image file, and it does not constitute a document related to a document under the Criminal Act (see, e.g., Supreme Court Decision 201Do6068, Jul. 15, 20106).

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