사문서위조등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
The Ulsan District Prosecutors' Office, which has been seized.
1. The main point of the grounds for appeal is that the punishment imposed by the court below (No. 1: imprisonment with prison labor for 2 years and 6 months, and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings against each case of appeal against each judgment of the court below. Each of the offenses of the court 1 and 2 with respect to the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the above judgment of the court below cannot be reversed in this regard.
3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to 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 231, 30 (the above Article of private document, and Article 30 of the Criminal Act shall be limited to the above Article of each private document except for Article 1-A of the facts stated in the judgment of the court below), Articles 234, 231, and 30 (the exercise of the above investigation document, and Article 30 of the Criminal Act shall be limited to the exercise of each of the above investigation documents except for Article 1-B of the facts stated in the judgment of the court below), Articles 97 subparagraph 7 and 30 of the Telecommunications Business Act, Article 30 of the Criminal Act (the provision of telecommunications services to a telecommunications business operator for another's communications), Article 30 (the provision of telecommunications services to a telecommunications business operator for another's communications) of the Criminal Act as stated in the judgment of the court below, Article 1-2 of the Criminal Act.