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(영문) 대구지방법원 2016.09.01 2016노1200
사문서위조등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (one year of imprisonment with prison labor and six months of imprisonment with prison labor) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, each appeal case against the judgment below was consolidated in the trial at the court, and the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 239 (1) of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act, Article 154 (1) of the Road Traffic Act, Article 231 of the same Act, Article 239 of the same Act, Article 148 and Article 54 (1) of the Road Traffic Act, etc.

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Sentence, and for the remaining crimes, respectively;

1. Of concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act reflects in depth when recognizing the error of each crime.

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