공문서위조등
The judgment of the court below of first instance shall be reversed in its entirety for the crimes of Articles 2 through 4 and 2.
The defendant shall be sentenced to one year of imprisonment.
1. As to the summary of the grounds for appeal 2014No163 case, the prosecutor asserts that the lower court’s punishment (two months of imprisonment with prison labor for the crime No. 1, and 10 months of imprisonment with prison labor for the crime No. 2 or No. 4 as stated in the judgment) is too unfasible and unfair, and that the Defendant’s punishment (two months of imprisonment with prison labor and confiscation) is too unfasible and unfair.
2. Determination
A. Each appeal case of the court below's first and second judgment against the defendant was joined in the court below's judgment prior to the judgment on the ground for appeal ex officio. Since the crimes of the second to fourth and the second to the judgment of the court below among the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the crimes of the second to fourth and the second to the judgment of the court of second instance shall be sentenced to a single sentence within the scope of the term of punishment aggravated concurrent crimes under Article 38 (1) of the Criminal Act, in accordance with Article 38 (1) of the Criminal Act, it shall be sentenced to a single sentence. In this regard, the second to fourth and second to the judgment of the court of first instance
B. In full view of the following circumstances: (a) the prosecutor’s assertion of unfair sentencing regarding the part concerning the first crime (two months of imprisonment) of the judgment of the court of first instance regarding the prosecutor’s allegation of unfair sentencing; (b) the Defendant’s age, character and conduct, environment; (c) the process and consequence of the instant crime; and (d) the circumstances of the prosecutor’s assertion of sentencing in the instant argument, even if considering the circumstances of the prosecutor’s assertion
3. According to the conclusion, since the part concerning the crime Nos. 2 through 4 of the judgment of the court of first instance and the judgment of the court of second instance on the grounds of the above ex officio reversal, the prosecutor's and the defendant's assertion of unfair sentencing are reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above part of the judgment of the court of first instance and the judgment of the court of second instance, and the judgment below is reversed, and the prosecutor's appeal on the part concerning the crime No. 1 of the judgment of the court of first instance is without merit
Criminal facts
(b).