사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant appealed on September 26, 2013, which was after the judgment of the lower court was rendered, after having been sentenced to eight months of imprisonment due to the fabrication of private documents, etc. at the Gunsan Branch of the Jeonju District Court. However, on December 6, 2013, the appellate court rendered a judgment dismissing the appeal on December 6, 2013, and on December 14, 2013, the period for filing an appeal expires and the above judgment became final and conclusive on December 14, 2013. Since each of the crimes of this case and the fabrication of private documents, etc., for which the judgment became final and conclusive, could have been rendered concurrently in a concurrent relationship under the latter part of Article 37 of the Criminal Act, the lower court determined a punishment after examining the equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Accordingly
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: “The facts constituting an offense in the judgment of the court below and the summary of the evidence related thereto were terminated” in the second instance of the facts constituting an offense in the judgment of the court below, and the judgment was finalized on December 14, 2013 after having been sentenced to eight months of imprisonment due to the commission of fabrication of private documents in the former District Court’s military support on September 26, 2013.” The summary of the evidence is as follows: “1. the screen of the agreement assistant page of the case and the judgment of January 1, 200” were added to the summary of the evidence, and thus, it is cited as it is in accordance with Article 3
Application of Statutes
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;