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(영문) 수원지방법원 2017.10.13 2016노7668
사문서위조등
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of 11,000,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal in the judgment below is too unreasonable (as to the judgment of the court of second instance, even if the defendant lawfully received a notice of receipt of the records of trial by means of serving public notice from this court on September 7, 2017, the defendant did not submit the reasons for appeal within the submission period, and the petition of appeal does not contain any reasons for appeal. However, as long as the judgment of the court below is reversed on the grounds of ex officio reversal as seen below, the judgment of the court below is reversed on September 2, 201, it shall not be decided to dismiss the defendant's appeal on the grounds of failure to submit the reasons for appeal). 2. The judgment of the court below as to the judgment of the court of second instance, each of which the defendant filed an appeal against it, and the court of this case decided to concurrently examine each of the above appeals cases. Since each of the offenses against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced pursuant to Article 38 (1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the above unfair sentencing argument by Defendant 1 as to the judgment of the court below.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act applicable to the crime, Article 231 of the choice of punishment (the point of posting private document) and Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act (the point of fraud), Article 347-2 of the Criminal Act (the point of fraud by using computers, etc.), Article 152 subparag. 1 of the Road Traffic Act.

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