사문서위조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unfair because it is too unreasonable that the sentence (2 million won in penalty) declared by the court below against the defendant is too unreasonable.
2. On January 14, 2016, the Defendant appealed on the above judgment of the Cheongju District Court sentenced two years to imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court on January 14, 2016, but on January 22, 2016, the above judgment became final and conclusive on January 22, 2016 by withdrawing an appeal on January 26, 2016. Since the instant criminal facts were in a concurrent relationship with the crimes for which punishment became final and conclusive as above, the instant criminal facts were in a concurrent relationship after Article 37 of the Criminal Act, in view of equity with the cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, the lower judgment cannot be maintained in this respect.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
【Re-written judgment] The first head of the charge of crime and summary of evidence recognized by the court and the summary of the evidence was “The Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Cheongju District Court on January 14, 2016 and became final and conclusive on January 22, 2016.
In addition to adding "1. Criminal Records as indicated in this Court" in the summary of the evidence, other than adding "1. Criminal Records as indicated in this Court," it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines concerning the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.