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(영문) 부산지방법원 2016.02.04 2015노3271
공문서부정행사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment and confiscation) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In the trial of the court below, the prosecutor changed the part 5 of the indictment No. 2 of the judgment of the court below into "38 times in total" and applied for the modification of the indictment with the content of adding the list of crimes in attached Form No. 338 times as shown in the list of crimes, and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) the part on the 5th page of the judgment of the court below on the 2nd page of the facts constituting an offense in the judgment of the court below in addition to adding a list of offenses in the attached Form No. 2; and (b) it is identical to each corresponding column of the judgment of the court below; and (c) thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 230 (Unlawful Exercise of Official Documents, Selection of Imprisonment), 239 (1) (Article 239) of the Criminal Act, Article 239 (2) and 239 (1) of the Criminal Act (Article 239) of the Criminal Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Article 152 of the Road Traffic Act) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. For each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Code, even though the defendant was without a license, he/she was registered under another person’s name as an acting engineer, and driving without a license for a considerable period of time, and the police officer dispatched to a traffic police officer or a police officer with a report of gambling.

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