공전자기록등불실기재등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The punishment sentenced by the court below (No. 1: imprisonment of 10 months, and imprisonment of 2 months) on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below
3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is so decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 228 (1), 30 of the Criminal Act concerning the selection of punishment, and Articles 228 (1), 30 of the Criminal Act concerning the selection of punishment, and Articles 229, 228 (1), and 30 of the Criminal Act; and choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent law persons are considered as the sentencing data disadvantageous to the defendant, in consideration of the following: (a) the violation of the Korean status order through disguised marriage; (b) the violation of the family relation registration system is prejudicial to the authenticity of the family relation registration system; (c) the occurrence of social problems by mass production of illegal aliens; and (d) the violation of the government immigration control affairs; and (c) the defendant committed this crime during the period of repeated crimes.