사문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
An application for compensation order by an applicant for compensation.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 6 months, and 1 year and 2 months) is too unreasonable.
2. The court of the trial ex officio rendered a decision to jointly examine each of the appeals cases against the defendant by the court below.
The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.
Therefore, all judgment of the court below cannot be maintained.
3. The judgment of the court below on the grounds of the above ex officio reversal, without examining the Defendant’s assertion of unfair sentencing, is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below again is made as follows. Since each of the “B Q” column for the method of forgery 2 5 / 5 / [Attachment 1] of the judgment below is obvious that it is a clerical error in each “AJ”, the court below’s ex officio rectification is made pursuant to Article 25(1)
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 341 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement, including the occupation of larceny) of the Criminal Act, and Article 329 of the Criminal Act for the criminal facts;
1. Articles 40 and 50 of the Criminal Act competition between the two or more crimes of uttering of a falsified investigative document simultaneously)
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 32(1)1, 32(1)3, and (2), 26(1), and 25(2) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Lawsuits;