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(영문) 수원지방법원 2013.05.08 2013노484
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment, four years of suspended execution) of the lower court is deemed to be too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the following facts were examined: each of the instant frauds, each of the instant frauds, each of the forgery of private documents, each of the crime of uttering of each of the above investigation documents, each of the crime of false entry in the original authentic document, each of the crime of uttering of each of the false entry in the authentic document, and each of the crime of uttering of each of the false entry in the authentic competition relationship under the former part of Article 37 of the Criminal Act, but the lower court omitted the aggravated punishment

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that there is a ground for reversal as seen above, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted 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. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the names of the crimes of uttering of each of the above investigation documents committed on April 22, 2009 to the officials in charge of the registration of Yangyang registry office; each of the crimes of uttering of each of the above investigation documents committed on May 21, 2009 to the J on May 21, 2009; each of the crimes of uttering of each of the above investigation documents committed on November 18, 2009 to the officials in charge of the registration of Yangyang registry office; each of the crimes of uttering of each of the above investigation documents committed on November 18, 2009; and each of the crimes of uttering of each of the above investigation documents committed on November 18, 2009 to the officials in charge of the registration of Yang

1. Selection of each sentence of imprisonment;

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