사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
Articles 157 and 153 of the Criminal Code provide that the punishment shall be mitigated or remitted in cases where a person who committed an offense without a complaint makes a confession or receives a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive.
The Defendant was led to the trial, and the judgment, etc. was finally affirmed against C by the person who was not the subject of the instant accusation, and was the subject of the record.
There is no evidence to view, which is the case when the defendant made a confession before the judgment of the reported case becomes final and conclusive.
Therefore, since the punishment should be mitigated or exempted pursuant to Articles 157 and 153 of the Criminal Code, the judgment of the court below in the corresponding part cannot be maintained in this respect.
In addition, since the crime of fabrication, etc. of private documents as stated in the judgment of the court below is concurrent crimes between the crime of conspiracy and the crime of conspiracy under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained
3. Thus, 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 about sentencing, and the judgment below is ruled as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 352, 347(1) (the point of attempted fraud), 231 (the point of attempted fraud), 234 (the point of uttering of the above investigation document), 156 (the point of free accusation) of the Criminal Act concerning the selection of punishment, and imprisonment for each choice;
1. Statutory mitigation;