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(영문) 서울중앙지방법원 2014.09.12 2014노708
사문서위조등
Text

The guilty portion of the first judgment and the second judgment shall be reversed in entirety.

Defendant

A Imprisonment for three years, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s unfair sentencing sentence: The sentence imposed on the Defendant is too heavy.

B. misunderstanding of facts as to Defendant B 1: Criminal facts in the first judgment

2. (1), (3), and (4) the exercise of fraudulent or factual documents, as described in such paragraphs, and the facts constituting the crime;

3. (3) Despite the absence of an instructor who has recorded evidence of the record as of July 31, 2013, the lower court committed an unlawful act that found the Defendant guilty.

2) Unreasonable sentencing: The sentence imposed on the defendant by the first instance court is too heavy. (c) misunderstanding of facts or misunderstanding of legal principles on the charge against the defendant B: the charge committed on October 19, 2012; the charge committed on the part of the defendant B, on November 9, 2012, on the victim V; the charge committed fraud and the use of a falsified and a falsified investigation document on the victim W; the charge committed fraud and the use of a falsified investigation document on November 27, 2012 against the victim X; the charge committed fraud and the use of a falsified investigation document on November 27, 2012 against the victim X; the charge of a forged evidence teacher on July 19, 2013; the foreign exchange transaction account statement and the remittance confirmation document; the first instance court acquitted the defendant on the charge of the above Article.

2) Unreasonable sentencing: The sentence sentenced by the first instance court to Defendant B, and the sentence sentenced to Defendant A by the second instance court to the judgment of ex officio on February 2, the first instance court sentenced Defendant A to one and half years of imprisonment, and the second instance court sentenced Defendant A to two years of imprisonment, and Defendant A filed an appeal against the second instance judgment. The first instance court decided to concurrently deliberate on the above two appeals cases. The first and the second instance court decided to jointly deliberate on each of the above two appeals cases. Since each of the offenses against Defendant A is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of punishment aggravated under Article 38(1) of the Criminal Act, the lower judgment against Defendant B and the prosecutor cannot be exempted from reversal.

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