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(영문) 대전지방법원 2016.05.20 2016노281 (1)
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. Ex officio determination prosecutor: at the trial of the party, the facts charged No. 1-C. 1)

Defendant D provided T’s certificate of seal impression, certified copy of resident registration, etc. to Defendant E, and changed “Defendant D shall provide Defendant E with a certificate of seal impression, certified copy of resident registration, etc., which is necessary to register as a limited liability member,” (Provided, That the crime of this case is recognized only as part of the provision of “certified copy, etc. of resident registration, etc.,” except for the provision of “certificate of seal impression” as seen below).

The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

【The reason for the new judgment that was adopted by this court] The criminal facts acknowledged by this court are identical to the facts stated in the corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act, on the ground that “Defendant D shall provide T’s certificate of seal impression, certified copy of resident registration, etc. to Defendant E,” except for the alteration of “Defendant D shall provide Defendant E with a certified copy, etc., which is a document necessary for registering as a limited liability member, to Defendant E” (the registration as a limited liability member and the registration as a limited liability member does not require a certificate of seal impression other than a certified copy of resident registration; thus, the certificate of seal impression is excluded).

Summary of Evidence

The summary of the evidence recognized by this Court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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