사문서위조등
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 (the first judgment: imprisonment with prison labor for 8 months and the second judgment: imprisonment with prison labor for 1 year) of the judgment of the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed each appeal against the first and second original judgment. The court decided to hold the above appeal together with other appeals cases.
Each of the crimes committed by the lower judgment convicting the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment 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, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act, since the judgment below's corresponding columns are the same.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (Article 231 of the Private Document) and Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act (Article 347 (1) of the Criminal Act (Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 231 of the
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the reason for sentencing is examined, the fact that the defendant both recognizes and reflects the crime, the fact that the victim has compensated the victim L, and that the victim has agreed with the above victim is an favorable sentencing reason, and the defendant has the record of punishment in fraud, and each of the crimes of this case has been committed during the period of repeated crime due to fraud, and the victim B.