사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentencing of the lower court (ten months of imprisonment, two years of suspended execution, two years of community service work, 240 hours of imprisonment) is deemed to be too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court, the defendant was sentenced to imprisonment with prison labor for six months on February 5, 2009 and the above judgment was finalized on June 26, 2009 on June 26, 2009. ② On December 2, 2009, the court sentenced three years of imprisonment with prison labor by fraud, etc. to the above judgment was finalized on February 11, 2010. The above judgment became final and conclusive on February 11, 2010. Since both the above crimes (i) and (ii) each of the crimes of this case and the above crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, both of which are determined at the same time in accordance with Article 39(1) of the Criminal Act, by taking account of equity and by examining whether to reduce or exempt the sentence, the judgment of the court below that did not take such measures, and
In addition, where multiple forged private documents are exercised en bloc, several crimes of uttering of falsified investigation documents constitute the ordinary concurrent crimes. The crimes of exercising each real estate lease contract under the name of G and J among the crimes in the instant case should be regarded as the ordinary concurrent crimes of uttering of falsified investigation documents.
However, the judgment of the court below was applied to each of the above crimes as concurrent crimes. Since the court below erred by misunderstanding the legal principles as to the relation of acceptance of crimes, which affected the conclusion of the judgment, the judgment of the court below cannot be maintained any more.
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the ground that there is a ground for ex officio reversal as above. The court below's decision is reversed and
[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and evidence related thereto.