공전자기록등불실기재등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. The judgment of the court below is too unreasonable in light of the various sentencing conditions as shown in the records and arguments of this case and the defendant's depth, and the equity in the case of judgment concurrently with the crime of false entry in public electromagnetic records, etc. for which judgment has become final and conclusive.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 228(1) and Article 229 of the Criminal Act; Article 94 Subparag. 3 of the Immigration Control Act; Article 7-2 Subparag. 2 of the Criminal Act; Article 30 of the Criminal Act; the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;