사문서위조등
1. All the judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 5,000,000.
3. The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal by the defendant (the first instance court: the fine of KRW 3,500,000, the second instance court: the fine of KRW 2,000) is too unreasonable.
2. Ex officio determination
A. We examine ex officio the appeal case against the judgment of the court below, and the trial court decided to concurrently examine each appeal case against the judgment of the court below. Each of the offenses of the court below Nos. 1 and 2 against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence within the scope of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from reversal.
B. In addition, according to the records of this case, the defendant was sentenced to eight months of imprisonment with prison labor for occupational embezzlement at the Jeonju District Court on February 11, 2014 and confirmed on May 3, 2014. The above judgment of the court below, which was committed before the above judgment became final, shall be sentenced to punishment after examining whether to reduce or exempt the punishment in consideration of equity with the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the court below which did not take such measures cannot be maintained any more in this respect.
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's allegation of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as stated in each corresponding column of the first and second original judgment, except for adding "the defendant was sentenced to eight months of imprisonment with prison labor for the crime of occupational embezzlement, etc. at the preceding district court on February 11, 2014, and the above judgment became final and conclusive on May 3, 2014."