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(영문) 부산지방법원 2015.11.12 2015노1070
공문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, and six months of imprisonment, in the case of the lower court) based on the summary of the grounds for appeal is deemed unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court sentenced each of the above decisions to the defendant, and the defendant filed an appeal against each of the above decisions, and this court decided to hold concurrent trials. Each of the first and second judgments against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot escape from all of its reversal.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier. The judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court of first and second instance. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 225, 229, and 30 of the Criminal Act for the relevant criminal facts, Articles 231, 234, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 152 subparagraph 1, and 43 of the Road Traffic Act, Articles 46 (2), and 8 of the Guarantee of Automobile Accident Compensation Act, the Automobile Management Act.

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