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(영문) 대구지방법원 2017.03.30 2016노2026
사서명위조등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (No. 1: imprisonment of 1 year, and imprisonment of 2 months: imprisonment of 8 months) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, each appeal case against the judgment below was consolidated in the first instance 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 having to make a judgment as to the defendant's unfair argument of sentencing, as the grounds for reversal ex officio exist, and it 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 below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 239 (1) of the Criminal Act (the point of signing the private signature), Article 239 (2) of the Criminal Act (the point of exercising the above investigation signature), Article 230 of the Criminal Act (the point of exercising the public document), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving alcohol) of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol at least twice);

1. Articles 40 and 50 of each Criminal Act (a punishment provided for the crime of conspiracy of signature on February 25, 2015) of the same Act among the crimes of conspiracy of signature on each of the above investigation conducted on February 25, 2015, punishment for the crime of conspiracy of signature on the circumstantial report of a driver with a heavier criminal situation, between the crimes of conspiracy of signature on each of the above investigation conducted on March 4, 2015, and punishment provided for the crime of conspiracy of signature on each of the above investigation conducted on March 4, 2015)

1. Selection of each sentence of imprisonment with prison labor (with respect to the illegal driving of official documents and the crime of violating the Traffic Acts on each road);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 [the largest punishment shall be imposed twice;

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