사문서위조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor and the second instance judgment: imprisonment with prison labor for 1 year and 6 months) declared by the lower court are too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried to concurrently examine each appeal case against the judgment of the court below Nos. 1 and 2, and since each of the crimes listed in the judgment of the court below Nos. 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence shall be imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below
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, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is 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. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) of the Criminal Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the same Act, Article 231 of the same Act, Article 234 of the same Act, Article 239 (1) of the Criminal Act, Article 37 subparagraph 10 of the Resident Registration Act, Article 54 (1) of the Road Traffic Act, Article 148 and Article 54 (1)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.