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(영문) 의정부지방법원 2014.07.09 2014노711
병역법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year and 6 months) by the court below is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial at the trial. Each of the crimes decided by the judgment of the court below shall 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. Thus, the judgment of the court

3. Accordingly, the lower court’s judgment is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds that there are grounds for ex officio reversal as seen above, and the lower judgment is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the relevant Act on the Punishment of Criminal Crimes (the point of escape from service), Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of uttering of private documents);

1. Selection of punishment; each of the crimes of fraud, fabrication of each private document, and uttering of each private document, shall be punished by imprisonment;

1. Of concurrent crimes, the Defendant committed each of the crimes of this case in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes stipulated in the crime of fraud against the victim K with the largest punishment and penality) and committed each of the crimes of this case in the course of the suspended execution of execution of the Military Service Act, even though he had been already punished for a violation of the same Act.

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