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(영문) 대구지방법원 2016.02.05 2015노4164
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

(a)the sentence sentenced to the second instance of the Prosecutor (two months of imprisonment) is too unhued and unjust;

B. Each punishment sentenced by the first and second original judgment (the first instance judgment: imprisonment with prison labor for 2 years, and imprisonment for 2 months) of Defendant 1 is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the first instance and the judgment of the second instance against the defendant was rendered, and the defendant filed an appeal against the judgment of the second instance against the judgment of the second instance, and the court decided to hold concurrent hearings against the above two appeals cases. The first and second judgments against the defendant are related to concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment should be imposed within the scope of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal of grounds for reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the relevant facts charged in each corresponding column 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. Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of fraud in the private document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above private document), Article 232-2 of the Criminal Act (the point of uttering of the private document), Articles 234 and 232-2 of the Criminal Act (the point of uttering of each private electronic document), Article 37 subparag. 10 of the Resident Registration Act (the point of uttering of each private document), Articles 356 and 355(1) of the Criminal Act (the point of unlawful use of resident registration number) of the Resident Registration Act, Articles 356 and 355(2) of the Criminal Act (the point of occupational embezzlement and comprehensive use of the private document), Articles 356 and 355 of the Criminal Act (the same shall apply to the exercise of the private document).

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