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(영문) 서울중앙지방법원 2016.04.28 2015노4564
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 to 14 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (four years of imprisonment) is too unreasonable.

2. The lower court, ex officio, determined that each of the instant criminal facts constitutes a substantive concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, erred by omitting the sentence, even though the lower court should determine the applicable punishment within the scope of the aggravated punishment for each of the instant crimes.

3. The judgment of the court below is reversed in accordance with 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 the following is again decided after pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are identical to the corresponding column of the court below's judgment, except for the addition of "1. Defendant's trial testimony" to "the summary of the evidence" to "the summary of the 8.1.1.1.1.2.2.2. 8.2. 8.2.0 .20 .20 .20 . "the driver's license of a motor vehicle" to "the driver's license of a motor vehicle", "the confirmation of the amount of damage to AH" to "the driver's license of a motor vehicle", and the summary of the evidence to "the summary of the evidence" to "the summary of the evidence is identical to the corresponding column of the court below's judgment.

Application of Statutes

1. Articles 225, 30 (the possession of a document in question), 229, 225 (the possession of a forged official document), 231 (the possession of a falsified document), 234, and 231 (the use of a falsified document), and 347 (1) of the Criminal Act, respectively, concerning facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor (with respect to the crime of forging a private document, the crime of copying a private document, and the crime of fraud);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the legality of collecting evidence under Article 48(1) of the Criminal Act

1. The lower court’s determination is based on the direction of AO, a judicial police officer, of opening of a door-to-door plastic bag A. Q.

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