공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (such as a penalty of three million won) imposed by the lower court is deemed to be too uneasible and unfair.
2. We examine ex officio the reasons for ex officio appeal prior to the judgment.
Each statutory punishment of forgery of an official document and forgery of a forged official document is imprisonment with prison labor for not more than ten years according to Articles 225 and 229 of the Criminal Act.
Nevertheless, the judgment of the court below that found the defendant guilty of the charge of forging an official document and the charge of forging an forged official document is unlawful and thus the judgment of the court below that sentenced the defendant to a fine is no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
【Inasmuch as the original judgment is identical to the facts constituting a crime and the summary of evidence recognized by the court, the summary of the facts constituting a crime and the summary of evidence is identical to the entries in each corresponding column of the original judgment, it shall be quoted as it is in accordance with Article 369 of
Application of Statutes
1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. The scope of punishment by law: Imprisonment for one month to 15 years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the official document] that there is no type 1 (non-business, non-organizational and non-organizational) (the person subject to special sentencing] [the scope of the recommended punishment] and the basic area [the scope of the recommended punishment] from August to two years.
3. Determination of sentence: Imprisonment with prison labor for eight months and two years disadvantageous to a suspended sentence: The defendant has forged the above parking sign, which is an official document, in a manner that arbitrarily changes the vehicle number of the parking sign as indicated in the judgment, and the above parking sign shall be placed on the parking zone for the disabled.