사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. Summary of grounds for appeal: Unfair sentencing
2. In the judgment of the court below, although the defendant was unable to attend, the court below's sentence of imprisonment with prison labor for one year is somewhat unreasonable in light of the following: (a) the defendant recognized all the crimes of this case in the court below; (b) the defendant has no record of punishment exceeding the fine; and (c) the defendant has no other record of punishment; and (d) the defendant's age and occupation, character and character, environment, motive for each of the crimes of this case; and (e) circumstances after the crime.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
[Dao-written judgment] Criminal facts and summary of evidence recognized by this court are as follows, except for adding “1. Defendant’s oral statement” to the summary column of evidence, since it is identical to each corresponding column of the judgment of the court below, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 3, Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1, Article 43 of the Road Traffic Act; Article 230 of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 239 (1) of the Criminal Act; Article 239 (2) and (1) of the Criminal Act (amended by Act No. 16037, Dec. 24, 201);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor for the remaining crimes except for the crimes of selecting a punishment, or of signing or forging a private signature or forging a punishment;
1. Circumstances in favor of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The defendant has so far any unfavorable circumstance as seen earlier: