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(영문) 서울남부지방법원 2020.07.21 2020노262
공문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1, 2, 3, and 4 shall be confiscated, respectively.

Reasons

1. The summary of grounds for appeal: Imprisonment with prison labor for a year and June 1st: One year;

2. The judgment of the court below ex officio rendered a separate judgment on each of the crimes committed by the court below against the defendant, but the court below held that each of the above crimes constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and shall simultaneously render a judgment under Article 38 of the Criminal Act and sentence one punishment. In this regard, the judgment of the court below is no longer maintained.

3. In conclusion, 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, since the above grounds for ex officio reversal exist, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 225 and 30 of the Criminal Act concerning criminal facts, Articles 231 of the Criminal Act, Article 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1) and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act concerning the selection of punishment (the use of an official document)

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

1. The reasoning for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act is the first offender, and some victims agreed to pay the amount for the first time in the trial, but the entire recovery of damage was not made. The crime of this case was committed by Bosing for many and unspecified persons, which led to the poor quality of the crime, and the degree of the defendant's participation.

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