사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
The defendant 80,800. 800.
1. The summary of the reasons for appeal is that the respective punishment of the original judgment (No. 1: imprisonment with prison labor for 4 years and imprisonment for 6 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the judgment below was consolidated. Each of the crimes in the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act for the crimes in question;
2. The crimes specified in Articles 40 and 50 of the Criminal Act among the crimes of uttering of a false official document to Q and the crimes of uttering of a forged official document, and punishment imposed on the crimes of uttering of a forged official document with heavier punishment).
3. Selection of punishment, each crime of fraud, fabrication of each private document, and each crime of uttering of each private document, shall be punished by imprisonment;
4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.
5. AI, AF, AE, L, and AH, an order for compensation and a provisional execution, which are an application for compensation: Articles 25(1) and 31(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.