사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The crime of this case was committed under the circumstances such as: (a) the Defendant, who was required to prepare a written statement concerning the fact that the Defendant had been under the control of the police and driving without a license, entered the name and resident registration number of F and forged and used it; (b) the Defendant had a record of being punished twice for the same crime; and (c) the Defendant, despite being punished twice for the same crime in around 2007 by forging the document under the name of the same person, he again committed the crime of this case under the same several laws; (d) however, the Defendant was led to the crime of this case under the same law; (b) in addition, the Defendant led to the confession of each of the crimes of this case; (c) was detained for about five months; (d) the Defendant did not have any criminal record exceeding the suspension of the execution; and (e) the Defendant did not have any other criminal record, and (e) the Defendant’s age, character and conduct, family relationship, etc. and all other circumstances indicated in the
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 231 of the Establishment of homeland Reserve Forces Act, Article 15 (2) of the Establishment of homeland Reserve Forces Act (the cancellation of resident registration, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of favorable circumstances in the front);