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(영문) 수원지방법원 2015.10.14 2014노4161
협박등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. On July 16, 2014, the summary of the grounds for appeal by the defendant was not submitted within 20 days from the receipt of the notification of the receipt of the trial record on April 23, 2015 (the defendant’s child I was served with his/her child I at the address of the defendant) and the defendant’s petition of appeal also does not contain the grounds for appeal.

2. According to the records of ex officio determination, the Defendant, at the Suwon District Court on June 13, 2014, sentenced to a suspended sentence of two years on June 24, 2015 for the crime of forging private documents, etc., and became final and conclusive on February 24, 2015. The crime of forging private documents, etc., for which each of the crimes and the judgment in the judgment of the court below became final and conclusive, are in a concurrent relationship under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each of the crimes in the judgment of the court below in consideration of equity with which the judgment is to be rendered at the same time pursuant to the former part of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, on the ground that there is a ground for ex officio reversal as above.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to two years of suspension of execution on June 13, 2014 by imprisonment with prison labor for the crime of forging private documents at the Suwon District Court, which became final and conclusive on February 24, 2015" in the first head of the judgment of the court below; and the summary of the evidence of the court below is identical to each corresponding part of the judgment of the court below, except for addition of "1........................ criminal records, case summary agreement aid, and copy of each judgment" in the last part of the judgment of the court below.

Application of Statutes

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