사서명위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. According to the proviso of Article 62(1) of the Criminal Act, the Defendant commits each of the crimes in this case during the period of repeated crime, and the lower court erred by sentencing a suspended sentence to the Defendant despite the fact that the Defendant cannot be sentenced to suspended sentence.
B. The sentence imposed by the court below on the defendant is too unjustifiable and unfair.
2. First of all, the lower court found the Defendant guilty of each of the crimes indicated in the facts charged, and sentenced the Defendant to a punishment for a period of 2 years of imprisonment with prison labor or more, which is 80 hours of community service, but the proviso of Article 62(1) of the Criminal Act provides that a suspended sentence may not be imposed where a sentence is imposed for a crime committed during a period of 3 years after the execution of the sentence was completed or exempted, and according to the records of this case, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Busan District Court on December 8, 201, and completed the execution of the sentence on October 5, 201, and each of the crimes of this case committed by the Defendant on September 21, 2014, which was 3 years before the sentence was finalized or exempted.
Therefore, although the defendant cannot be sentenced to a suspended sentence for each of the crimes of this case, the judgment of the court below is erroneous in ordering the suspended sentence, the prosecutor's above assertion pointing this out has merit
3. Thus, without examining the prosecutor's argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;