모해증거위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
The decision of the court below on the grounds of appeal (one year of imprisonment) is too unreasonable.
We examine the reasons for appeal by the defendant ex officio prior to the judgment.
According to the records, the Defendant filed a complaint against C’s representative D, E, and F, an employee, for embezzlement of public funds and defamation on December 2, 2015. On January 2, 2016, the Defendant, at the H office located in Eunpyeong-gu Seoul Metropolitan Government, for the purpose of embezzlement of public funds and defamation, he/she voluntarily prepares a written confirmation under the name of C, and submitted it to the Seoul Ampi Police Station investigation and the Economic Team on February 2, 2016, that the Defendant, at the H office located in Eunpyeong-gu Seoul Metropolitan Government, spreaded false facts to the Defendant, thereby impairing the honor of the Defendant.
According to this, each act of forging a letter of confirmation of private document under the name, such as the above I, which is evidence related to the criminal case against the defendant for the purpose of impairing E and F, is established separately for the crime of forging several private document and forging evidence. The defendant's each forgery of the above letter of confirmation is an act of forging each objective fact per one of the letter of confirmation. Thus, the crime of forging each private document and forging evidence constitutes a commercial concurrent act as stipulated in Article 40 of the Criminal Act.
Nevertheless, the lower court did not decide on this part of the crime receipt relation, and thus, the lower court could no longer be maintained in this respect.
Therefore, 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 of the court below is reversed and it is decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;