A defendant shall be punished by imprisonment for two years.

Seized evidence 1 and 2 shall be confiscated, respectively.

A. The punishment of the judgment of the court below (the first judgment: imprisonment with prison labor for 1 year and 6 months, confiscation, and second judgment: imprisonment with prison labor for 10 months) is too unreasonable.

B. The sentence of the first instance judgment of the Prosecutor is too unhued and unreasonable.

2. As to each judgment of the court below, each of the defendants filed an appeal against the first judgment, and the appellate court decided to hold the above two appeals together for a trial.

The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. The lower court’s conclusion is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s respective arguments on unfair sentencing, and further decided as follows.

【Discied Judgment】 The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding column of each judgment of the court below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts of crime and 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, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

A. The sentence range of individual crimes 1) the crime of forging official documents (basic crimes) (the scope of recommending punishment) (a) the crime of forging official documents, such as forgery and alteration of official documents, etc. < Amended by Presidential Decree No. 2183, Dec. 21, 2000>