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(영문) 창원지방법원 2016.09.29 2016노1852
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable, due to the abstract of the grounds for appeal.

2. Prior to the judgment on the grounds for ex officio appeal, the records of this case show that the defendant was sentenced to four months of imprisonment with prison labor or two years of imprisonment with prison labor on December 22, 2015 in the Changwon District Court Msan Branch, and the above judgment became final and conclusive on August 24, 2016. As such, the crime and the above fraud, etc., for which the judgment of the court below against the defendant became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of this case in consideration of the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, so in this regard, the judgment of the court below cannot be maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the following is again decided after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to four months of imprisonment with prison labor and two years of imprisonment with prison labor in the Changwon District Court Msan Branch on December 22, 2015, and the judgment became final and conclusive on August 24, 2016.

In addition, “1. Each decision and each date of confirmation” is the same as the corresponding column of the judgment of the court below, except for addition of “1. Each decision and each date of confirmation” to the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Article 232 of the Criminal Act (the point of preparing private documents for qualification), Articles 234, 231 of the Criminal Act (the point of exercising the above investigation documents), Articles 234 and 232 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Competition (the crime of forging private documents and preparing private documents for qualification, and the crime of copying private documents for the above investigation.

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