사서명위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.
2. According to the records of this case’s judgment ex officio, on November 25, 2016, the Defendant appealed against the sentence of imprisonment with prison labor for a crime of fraud at the Seoul Central District Court, which was sentenced to three years and six months. However, on March 30, 2017, the appellate court rendered a ruling dismissing the above appeal on the grounds that the Defendant did not submit a written reason for appeal within the submission period, and the Defendant appealed to the Supreme Court on May 22, 2017, but the said reappeal was dismissed, and the said ruling became final and conclusive on May 25, 2017.
As above, in relation to the crime of fraud and each of the crimes of this case for which judgment has become final and conclusive as well as the crime of this case, punishment shall be imposed in consideration of the equity between the cases where judgment is to be rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Judgment in its entirety] The summary of facts constituting a crime and evidence recognized by this Court is below the “criminal facts” under the part below the “criminal facts.” The Defendant was sentenced to imprisonment with prison labor for three and a half years at the Seoul Central District Court on November 25, 2016, and the judgment became final and conclusive on May 25, 2017.
Article 369 of the Criminal Procedure Act provides that “A person before trial in the judgment of the court of first instance” shall be added to “a person before trial in the judgment of the court in the last part of “a summary of evidence” and “a person before trial in the judgment of the court in the judgment of the court in the judgment of the court in the judgment of the court in the first instance: (a) copy of the judgment (Seoul Central District Court 2016 order 1456, 156, 3084 order 206 order 1456, 1584).”