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(영문) 대전지방법원 2014.09.25 2014노655
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (five million won of a fine) is excessively unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the records of this case revealed that the defendant was sentenced to 8 months of imprisonment with prison labor on February 14, 2014 at the Daejeon District Court for the crime of forging private documents, etc., and that the above judgment became final and conclusive on August 29, 2014 by the judgment dismissing the appeal. As such, each of the crimes of forging private documents, etc., for which the judgment became final and conclusive and each of the crimes in the judgment of the court below was determined after considering equity among the cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and considering whether to reduce or exempt punishment, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

【Reasons for the Judgment in 2007, the Defendant appealed from the Daejeon District Court on February 14, 2014 to the extent that “The above Judgment became final and conclusive on August 29, 2014” was added to the summary of the evidence, and it is identical to each corresponding column of the judgment of the court below except for adding “the judgment of the court of first instance and the judgment of the court of second instance” to the summary of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

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

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