사문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. As to the summary of the grounds for appeal (the first instance court: 1 year and 3 months, the second instance court: Imprisonment with prison labor for 6 months, the third instance court: imprisonment for 8 months, and the fourth instance court: imprisonment with prison labor for 8 months) of the lower court, the Defendant asserts that the Defendant’s punishment of the first, second, third, and fourth instance is too unreasonable. On the other hand, the prosecutor filed an appeal by asserting that the sentence of the third and fourth instance court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the court below's judgment on the first, second, third, and fourth judgment on the grounds for appeal on the judgment of ex officio. The prosecutor filed each appeal on the third and fourth judgment on the judgment of the court below, and decided that this court will concurrently deliberate on the appeal cases against the judgment of the court below. Each of the offenses against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced within the term of punishment aggravated under Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 352 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 232 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, the choice of punishment for the crime;
1. The Commercial Concurrent Crimes Act.