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(영문) 의정부지방법원 2018.06.21 2018노169
사전자기록등위작등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10,000,000) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance trial, each of the facts charged in the instant case’s charges Nos. 1 and 4 (“23:00 on April 27, 2017”) was corrected as “the 23:00 on April 23, 2017,” and “the 23:0 on April 23, 2017,” and “the 232-2 and 234 of the Criminal Act” in the applicable law provides “the 232-2 and 234 of the Criminal Act shall be deemed as “the 239(1) and (2) of the Criminal Act” and “the 2 and (3) of the facts charged in the instant case’s amendment was requested as “the 2 and (3) of the revised facts charged,” and the 23:00 on April 23, 2017 was changed and thus, the judgment of the court below should be reversed.

Therefore, the judgment of the court below should be reversed in its entirety, since the crime of violation of the Resident Registration Act with the above and the judgment of the court below should be sentenced to one punishment in concurrent crimes.

[Judgment of the court below]

2. The Defendant, at the time and place specified in paragraph 1, was requested by a police officer who misleads the Defendant C to sign the “Notice of Notification of Designation” on the screen of PDA short end on the PDA short end page, and the Defendant, for the purpose of exercising, signed C’s signature in the column for confirmation of the notification of the designation that was sent at the above device, and forged the signature of another.

3. The Defendant, at the time and place specified in paragraph 1, presented the electronic file signed as stated in paragraph 2 to a police officer as if it was duly formed, and had a police officer, who is not aware of such circumstance, transmit the forged signature to the server, and exercised the forged signature.

3. Thus, the judgment of the court below is reversed ex officio. Thus, Article 364 of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing.

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