유가증권위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal that the court below rendered against the defendant (the first instance court's imprisonment: the second instance court's imprisonment with prison labor; the second instance court's imprisonment with prison labor) is too unreasonable.
2. The case of this court 2013No4231, which is the appeal case against the judgment of the court of first instance prior to the judgment on the grounds for appeal by the defendant's ex officio, was consolidated in the proceedings of the oral argument at the court of first instance, which is the case of appeal against the judgment of the court of second instance. Each of the offenses committed by the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and all of the offenses committed by the court of second instance shall be punished by a single sentence within the scope of aggravated concurrent offenses under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority are the above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 214(2) and (1) of the Criminal Act for the facts constituting an offense (Article 214(2) of the Criminal Act), Articles 217 and 214(2) of the Criminal Act (Article 214(2) of the Criminal Act), Article 347(1) of the Criminal Act, Article 2(2) and (1) of the Control of Illegal Check Control Act (Article 214(2) of the same Act (Article 214(1) of the same
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Mutually among the crimes of uttering of counterfeited securities as stated in the second instance judgment);
1. Selection of punishment, each fraud, and each violation of the Control of Illegal Check Control Act, shall be punished by imprisonment;
1. Of concurrent offenders, the check money is due to the suspension of transactions among the checks issued by the defendant for the reason of sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.