공문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (the first instance judgment: imprisonment with prison labor for August and the second instance judgment: imprisonment with prison labor for April) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant, the following facts are examined ex officio, and each crime of the judgment below is in concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's consolidation of each case and selected the same type of punishment for each crime after hearing each case, it is necessary to render a single sentence in accordance with Article 38 (1) of the Criminal Act as to each of the above crimes. In this regard, all of the judgment below cannot be exempt from reversal.
3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, the lower judgment ex officio pursuant to Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 225, 229, 225, 347 (1) and 231 of the Criminal Act applicable to the facts constituting an offense, respectively, Articles 231, 234 and 231 of the Criminal Act;
1. Articles 40 and 50 (Crimes of Forgery of respective private documents in the name of P and Q, and the crimes of uttering of each such private document) of the Criminal Act for the ordinary concurrent crimes;
1. Selection of punishment, crime of fraud, fabrication of private documents, and option of imprisonment with prison labor for the uttering of private documents;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the respective crimes at the time of sale and the crime of fraud, etc. for which judgment has become final and conclusive on July 26, 2013);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;