사문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 8 months) that the court below sentenced to the defendant is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 231 of the Criminal Act (the point of Article 231 of the Act on Private Documents), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving under a license without a license), Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of driving under a mandatory insurance), each of the Road Traffic Act, Article 151 of the Road Act (the point of operating an automobile with which a person has not mandatory insurance), Articles 148 and 54 (1) (the point of failing to take measures after an accident) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment without prison labor for any violation of the Traffic Act, with prison labor, and the remaining crimes, with prison labor;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the Criminal Act, shall be the defendant.