사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below against the defendant is too unreasonable.
2. According to the records of ex officio determination, criminal facts, such as fraud, etc., of which the Defendant was sentenced to ten months of imprisonment at the Daegu District Court on September 6, 2013, and which became final and conclusive on September 14, 2013, can be acknowledged as having the relationship between the criminal facts of special larceny for which the judgment became final and conclusive and the criminal facts of latter concurrent crimes of Article 37 of the Criminal Act, with the criminal facts committed by the Defendant, who was sentenced to imprisonment at the Daegu District Court on January 28, 2011 and three years of suspended execution.
Therefore, criminal facts such as the crime of fraud, which became final and conclusive on September 14, 2013, cannot be deemed as having the relation of latter concurrent crimes under Article 37 of the Criminal Act with the criminal facts in the instant case.
However, the lower court, on September 14, 2013, deemed that the crime of fraud, etc. for which judgment became final and conclusive and the crime of this case constitutes concurrent crimes in the latter part of Article 37 of the Criminal Act, and conducted concurrent concurrent crimes in the application of statutes, and thus, the lower court erred by misapprehending the legal doctrine on latter concurrent crimes of Article 37
3. Accordingly, the court below's decision is reversed under Article 364 (2) and (6) of the Criminal Procedure Act without having to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence recognized by this court is as follows: (a) the defendant, among the facts constituting a crime of the judgment of the court below, was sentenced to imprisonment with prison labor for not more than ten months at the Daegu District Court on September 6, 2013 and the judgment became final and conclusive on September 14, 2013; and (b) the summary of the evidence deleted "[before trial]: Criminal history record inquiry (A), investigation report (final confirmation report)" from among the summary of the evidence, as stated in the corresponding column of the judgment of the court below, and thus, Article 369 of the Criminal Procedure Act is applicable.