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(영문) 대구지방법원 2017.05.26 2017노815
유가증권위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor changed the provision applicable to the case of “Article 347(2) of the Criminal Act” to “Article 347(2) of the Criminal Act,” and applied for amendment of a bill of amendment to the indictment to the effect that the last fall in the previous charge is changed to “the changed charge portion” as stated in the attached Table. Since this Court permitted this, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Grounds for a new judgment of the court below] The criminal facts of the defendant and the summary of the evidence recognized by the court below are cited in accordance with Article 369 of the Criminal Procedure Act, except for the change of the last conviction of the crime of 2016 order 4219 [Attachment 4219] from the judgment of the court below to the same content as the previous column of the judgment of the court below.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234, 231 of the Criminal Act, Articles 234, and 231 of the Criminal Act, Article 214(2), and 214(1) of the Criminal Act, Article 214(1) of the Criminal Act, Articles 217, 214(1) and (2) of the Criminal Act, Articles 217, 214(1) and (2) of the Criminal Act, Article 347(2) and (1) of the Criminal Act, Article 347 of the Criminal Act, Article 347(1) of the Criminal Act, each of the following:

1. Articles 40 and 50 of the Criminal Code (Article 2-2(b) of each of the above-mentioned concurrent crimes (Article 4-4 of each of the above-mentioned documents) of the above-mentioned concurrent crimes.

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