사문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seoul Central District Public Prosecutor's Office that was seized in 2015.
1. Summary of grounds for appeal;
A. The sentence of the court below is too heavy.
B. Prosecutor (the first instance court’s judgment)’s punishment is too minor.
2. The lower judgment on the Defendant’s judgment ex officio was separately sentenced, and the Defendant filed an appeal.
This Court decided to consolidate two appeals cases with one another.
Therefore, since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed in its entirety and it is so decided as follows through pleading.
[Judgment] The first head of the criminal facts of the first instance judgment on November 30, 201 and the summary of evidence (“Defendant was sentenced to six months of imprisonment for a violation of the Military Service Act at the Seoul Central District Court on November 30, 201 and completed the execution of the sentence on December 8, 2012, which became final and conclusive on December 7, 2012.
In addition to adding “” and closing “3.” of the 3rd 18th 18 parallel as “2.”, the same is as the corresponding column of the lower judgment.
Application of Statutes
1. Article 97 subparagraph 7 and Article 30 of the Telecommunications Business Act and the choice of imprisonment with prison labor for a crime;
2. Article 35 of the Criminal Act for the aggravation of repeated crimes (the crime of holding a resolution to judge KRW 1);
3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;
4. The reasons for sentencing under Article 48(1)1 of the Criminal Act, together with the circumstances revealed by the lower court in the reasons for sentencing and all of the conditions for sentencing indicated in the record, shall be determined by taking into account.