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(영문) 인천지방법원 2016.04.08 2015노3875
자격모용사문서작성등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the Defendant was sentenced to imprisonment of two years and eight months for fraud in this court on July 16, 2015, and the judgment became final and conclusive on January 25, 2016. Since the crime of preparing private documents for qualification as stated in the judgment of the court below is in the concurrent relationship between the aforementioned crime of fraud for which the judgment became final and conclusive, and the subsequent crime of preparing private documents after Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment, taking into account equity with the case where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, and in this respect

3. Therefore, the judgment of the court below is reversed without examining the defendant's improper assertion 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 the evidence admitted by the court, and the summary of the evidence, among the judgment of the court below, were sentenced to imprisonment on July 16, 2015, and the judgment became final and conclusive on January 25, 2016, with labor for not less than two years and eight months in this court.

Before the judgment of the court below on 1. The summary of the evidence is the same as the statement in each corresponding column of the judgment of the court below, except for the following: inquiry about criminal history, investigation report (the summary of repeated crime records and the date of release from the court): the defendant's criminal history, investigation records, inquiry about criminal history, investigation report (the confirmation of the record of repeated crime and the date of release from the court), and the cotenet search result of the case. Thus, this is the same as the statement in each corresponding column of the court below.

Application of Statutes

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime (a point of preparing private documents for qualification) and Articles 234 and 232 of the Criminal Act (a point of uttering of private documents prepared for qualification) and the choice of imprisonment for the punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes:

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