공문서변조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable;
2. Before judgment on the grounds for appeal ex officio, the case where several altered official documents are comprehensively exercised on one’s own authority prior to the judgment on the grounds for appeal of ex officio, falls under a commercial concurrent relationship as prescribed by Article 40 of the Criminal Act for the purpose of uttering of altered official documents, because one act constitutes several crimes. The case where the certified copy of the resident registration card and the certified copy of the resident registration card under the name of the head of Dong 3 head of Dong-gu Busan Metropolitan City, Dong-gu, Busan Metropolitan City en bloc uses the altered official document in the NArarac Loan Co., Ltd
However, the court below erred in dealing with each of the above crimes as concurrent crimes, and misunderstanding the legal principles on the relation of acceptance of such crimes affected the judgment. Therefore, the judgment of the court below cannot be maintained any more in this regard.
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are as stated 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. 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 concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Uttering Alteration Public Document);
1. Selection of imprisonment with prison labor for selective crime of fraud;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.