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(영문) 의정부지방법원 2015.08.18 2014노1840
사문서위조등
Text

Each judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of four years and six months and by a fine of 6,00,000 won.

The defendant above.

Reasons

1. The summary of the grounds for appeal (in the first instance: Imprisonment with prison labor for three years, and in the second instance: fine for three million won; in the third instance: imprisonment for two years; in the fourth instance: imprisonment with prison labor for four months; in the fourth instance: imprisonment for four months; and in the sixth instance: fine for five million won) that are sentenced by each court below is too unreasonable;

2. Prior to the judgment on the grounds for appeal ex officio, this Court decided to hold the case jointly with the defendant's appeal against each judgment of the court below. Each of the offenses against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38 (1) of the Criminal Act. Therefore, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below on the defendant's grounds for reversal of authority as seen above 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 each 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 231 of the Criminal Act in relation to the crime at issue / Articles 234 and 231 of the Criminal Act / Articles 234 of the Criminal Act / 231 of the Criminal Act / Article 347(1) of the Criminal Act / Article 37 subparag. 10 of the Resident Registration Act (the illegal use of resident registration number) / Articles 356 and 355(1) of the Criminal Act / 232-2 of the Criminal Act / Articles 234 and 232-2 of the Criminal Act / Articles 234 and 232-2 of the Criminal Act / Articles 109(1) and 36 of the Labor Standards Act (the illegal use of resident registration number)

1. The crime of forging private documents in the name of HC of August 9, 201, on August 9, 201, of the judgment of the second instance judgment on the selection of punishment.

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