사서명위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.
2. The prosecutor of the judgment ex officio applied the part concerning the forgery of a private document and the uttering of a signature on the investigation as “the forgery of a private document and the uttering of a document for the investigation,” and the part concerning Article 239(2) and Article 239(1) of the Criminal Act as “Articles 231 and 234 of the Criminal Act,” and the part concerning “the defendant forged the above G’s signature for the purpose of exercising it, and submitted it to the above F for the purpose of exercising it,” under the second part of Article 2 of the facts charged of the instant case, “This part of the judgment below as to the facts charged,” which stated that “the state driver’s statement in the name of G, which is a private document concerning the certification of facts, submitted it to the above F for the purpose of exercising it, and submitted it to the above F for its use, which is subject to the judgment by this Court.” As such, the judgment below as to this part of the facts charged was no longer maintained.
Since the lower court dealt with this part of the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced a single punishment, the lower court’s judgment shall be reversed in its entirety.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
[Majority Opinion] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows. Of the facts constituting an offense in the judgment below, the part of “the forgery of a private document and the exercise of a signature on the investigation” under paragraph (2) is as “the forgery of a private document and the exercise of a signature on the investigation” under paragraph (2) of the same Article, and the second instance under paragraph (2) of the same Article is as follows to the above F who has forged the above G’s signature for the purpose