공문서위조등
All judgment of the court below shall be reversed.
Defendants shall be punished by imprisonment for not less than two years and six months.
The Jeju District Prosecutors' Office that has been seized.
1. The summary of the grounds for appeal (two years and six months, respectively, and one year, respectively, of the judgment of the court of first instance) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment, and each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. Therefore, all of
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is again decided as follows through oral argument.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act concerning the facts constituting an offense, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of imprisonment with prison labor concerning the crime of forging private documents on selection of punishment and the crime of uttering of falsified documents;
1. Defendant A among repeated crimes: Article 35 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. For the reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act, the scope of the recommended sentence on the sentencing guidelines for the reasons for sentencing under Article 48(1)2 of the same Act (a number of persons under special circumstances, such as forgery, alteration, etc. of official documents, etc., type 2 (business or organizational structure), the area of special aggravation (2 years to July, 70, and a number of persons under special circumstances): a crime repeatedly