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(영문) 서울서부지방법원 2013.03.25 2012노1449
공문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment (the first judgment of the court below: the imprisonment of six months and the second judgment: the imprisonment of eight months) sentenced by the court below is too unreasonable.

The court decided that the above appeal case will be consolidated and tried by the court below, the first and second court's judgment of ex officio, and the defendant's judgment of conviction was rendered, and then the defendant filed an appeal respectively.

However, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant was no longer maintained in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) the facts charged and the summary of the evidence are the same as the corresponding column of each judgment of the court of first and second in addition to the fact that the first and second instances of the judgment of the court of first instance consider “ around October 21, 201” as “ around October 21, 201,” and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231 and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, respectively, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of uttering of each relevant investigation document and each of the crimes of uttering of forged or falsified official document);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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