공문서위조등
The remainder of the original judgment and the second instance judgment, excluding the compensation order, shall be reversed, respectively.
1. The punishment of the lower court (No. 1: 2 years of imprisonment with prison labor for the first instance court, and No. 2: 6 months of imprisonment for the second instance) is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
This Court decided to consolidate each appeal case against the judgment below and decided to hold the judgment below together, and each of the offenses against the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below should be reversed.
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 it is again decided as follows.
[Discied reasoning] Criminal facts and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, and the choice of imprisonment
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The crime of this case for the reason of sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act is a crime of aiding and abetting public documents under the name of the Chairman of the Financial Services Commission by participating in the organization of Bophishing criminal acts, and forging public documents under the name of the Chairman of the Financial Services Commission. On the other hand, the victims by misrepresenting themselves as an employee of the Financial Supervisory Service, and it is very poor in the nature of the crime, and is also a crime in light of the method of the crime and the amount of defraudation.