공문서위조등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four months.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. Before judgment on the grounds for appeal by the defendant ex officio, the term “a crime for which judgment to face imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive” falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, with respect to a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39(1) of the Criminal Act, punishment shall be imposed in consideration of equity in cases where the crime and judgment have become final and conclusive
In addition, even if there are a number of crimes for which judgment to be sentenced to imprisonment without prison labor or a heavier punishment has become final and conclusive, all of the crimes committed before the judgment becomes final and conclusive and the crimes committed after Article 37 of Criminal Code
Therefore, in this case, a sentence shall be imposed in consideration of equity in cases where all the crimes for which judgment has not been rendered pursuant to Article 39(1) of the Criminal Act are adjudicated simultaneously and equity (see, e.g., Supreme Court Decision 2012Do12911, Dec. 27, 2012). The lower court sentenced the Defendant to a suspended sentence of ten months for a violation of the Game Industry Promotion Act at the Busan District Court on August 2, 2013 and sentenced the Defendant to a suspended sentence of ten years for a violation of the Act on Promotion of the Game Industry (which seems to have been written in writing on October 21, 2013) and the said judgment became final and conclusive on October 15, 2013 (hereinafter referred to as “one previous conviction”), on the ground that the judgment was rendered, and each of the instant criminal records and each of the instant criminal records committed between February 1, 2013 and February 21, 2013, which became final and conclusive under Article 37(1) of the Criminal Act.
According to the records, on January 7, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court on the grounds of fraud, etc., and the judgment became final and conclusive on December 4, 2015 (hereinafter “second criminal records”) after the sentence of the lower judgment, and further, the crime of the second criminal records is committed.