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(영문) 서울남부지방법원 2016.01.28 2015노911
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

The Seoul Southern District Prosecutors' Office, seized.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of each sentence (the first instance court: imprisonment with prison labor for two years and six months and confiscation, and the second instance court: imprisonment with prison labor for one year) imposed by the lower court is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion, the lower court ex officio examined the Defendant’s assertion, and the lower judgment had the following history of reversal.

A. Each appeal case against the two defendants due to the consolidation (each judgment of the court below) was consolidated in the first instance court, and the facts constituting the crime of each of the above cases were in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and only one punishment was imposed on the defendant pursuant to Article 38 of the Criminal Act, and the judgment of the court below which sentenced a separate punishment for the facts constituting the crime of each of the above cases cannot be maintained as they are.

B. According to the records of the judgment of the court below on the ground of double indictment 1, the facts constituting the crime of forging official documents listed in the [Attachment 7] No. 7 among the facts constituting the crime of the 20 Highest 20 Highest 20, a forged official document, forging a falsified document, forging a falsified official document, or uttering of a falsified document on December 22, 2014 of the case of "2015 Highest 817," as stated in the judgment of the court below, are recognized as having the same facts as the facts constituting the crime of uttering of the above official document, and the above case of "20 Highest 20, 815 Highest 817," and the above case of "2015 Highest 817, a public prosecution was instituted on January 7, 2015 and March 25, 2015, and thus, the court below's dismissal of the indictment document as to the crime of forgery of the above public prosecution document as stated in the judgment below.

Therefore, on December 22, 2014, the first instance judgment that found the Defendant guilty of the charges of forging official documents, uttering of forged official documents, forgery of private documents, and uttering of the above investigation documents also dismissed.

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