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(영문) 부산지방법원 2018.11.09 2018노2107
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. With respect to the part not guilty of the lower court (the point of exercising the signature of the Defendant), the lower court did not examine whether the Defendant was aware of the forgery of the Defendant’s signature even though it appears to have been presented not only in slope C, but also in Inspector I and Emergency Medical Technicians J, which was erroneous in the misapprehension of facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Before determining the grounds for appeal by the Defendant and the prosecutor, the court below ex officio examined the facts charged as to the forgery of a private signature and the exercise of signature in the facts charged in the instant case at the time of the trial of the prosecutor, and applied for the amendment of a bill of amendment to the indictment with the content of “the forgery of a private signature and the exercise of a signature in the instant investigation” as stated in the facts charged in the following facts, and this court changed the subject of the judgment upon permission. In this regard, the judgment of the court below was no longer maintained (in the meantime, the judgment of the court below is not judged separately as to the prosecutor’s mistake of the facts or misapprehension of legal principles based on the facts charged prior to the amendment, as long as all the modified facts charged are found guilty).

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) deleted Paragraph (3) in the column of the criminal intent of the court below; and (b) deleted the following on the same page: (c) forgery of the signature of the company and the exercise of signature on the investigation.

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