공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the evidence before and after the judgment of the court below, the defendant was sentenced to imprisonment with prison labor for two years and six months at the Seoul Western District Court on November 29, 2012, and the judgment becomes final and conclusive on December 7, 2012 (hereinafter "final and conclusive judgment No. 1"), and the Seoul Eastern District Court on September 25, 2014, with prison labor for the crimes committed before the final and conclusive judgment of No. 1 among the crimes in the judgment, and with prison labor for one year and six months for each of the other crimes in the judgment of the court below, and with prison labor for one year and six months for each of the other crimes in the judgment of the court below, on May 29, 2015 (hereinafter "second final and conclusive judgment").
However, each of the crimes of this case constitutes concurrent crimes under Article 37 of the Criminal Act and crimes committed before a final and conclusive judgment becomes final and conclusive among the crimes as stated in the final and conclusive judgment No. 1 and the crimes under Article 2 of the final and conclusive judgment, and where the punishment for each of the crimes of this case is determined pursuant to Article 39(1) of the Criminal Act, a sentence shall be imposed in consideration of the equity between the crimes committed simultaneously with the above crimes.
Nevertheless, the lower court only considered only some of the crimes in the final and conclusive judgment No. 2 as concurrent crimes under Article 37 of the Criminal Act, and determined punishment without considering equity in cases where each crime was adjudicated together with each crime in the final and conclusive judgment No. 1. Therefore, the lower court’s judgment has to be reversed.
3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows.
[Re-written judgment] Summary of facts constituting a crime and evidence recognized by the court and summary of the evidence are the first head of the original judgment in order to constitute a crime. < Amended by Presidential Decree No. 2420, Nov. 29, 2012>