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(영문) 대전지방법원 2015.11.12 2015노2428
사문서위조등
Text

The judgment below

The guilty part shall be reversed.

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

Reasons

1. The court below found the defendant guilty of fraud, violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.), violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.), and violation of the Punishment of Violence, etc. Act (a collective action, threat of deadly weapons, etc.), among the facts charged in the

On this ground, only the Defendant appealed on the guilty portion of the judgment of the court below on the ground of unreasonable sentencing.

Therefore, since the court below's judgment of innocence was separated from the original judgment, the non-guilty part is excluded from the scope of this court's judgment.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

3. The prosecutor of the judgment ex officio applied for changes in the name of the defendant to "Violation of the Punishment of Violences, etc. Act (a collective action, destruction of deadly weapons, etc.)" and "Violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.)" and "Special Intimidation, etc." and "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Articles 366 and 283(1) of the Criminal Act" and "Articles 369(1), 366, 284, and 283(1) of the Criminal Act" were amended by this court to grant permission.

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts and concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below cannot be maintained any more in this respect

4. The guilty part of the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unreasonable sentencing, and the guilty part of the judgment of the court below is again decided after oral argument as follows.

Criminal facts

(e).

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