공문서부정행사등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of nine million won.
The above fine shall not be paid by the defendant.
1. On June 11, 2018, the summary of the grounds for appeal (unfair sentencing) stated that the Defendant filed an appeal against a fine of KRW 9 million on the grounds of unfair sentencing while submitting a statement of reasons for appeal filed on June 11, 2018. On the first trial date of the first trial, the purport of the reasons for appeal as above was that the Defendant lodged an appeal against the punishment of KRW 1 (2 million) and the punishment of KRW 2 (7 million) for which the first instance court rendered the first instance judgment and the second instance judgment of KRW 2 (7 million), on the grounds of unfair sentencing, and stated that the sum of the above two fines for convenience.
The punishment sentenced by the first instance court (2 million won in penalty) and the punishment sentenced by the second instance (7 million won in penalty) are too unreasonable.
2. We examine ex officio the judgment of the court below on the grounds of appeal by the defendant.
The judgment of the court below against the defendant was rendered, and the defendant filed an appeal against all of the judgment below, and this court decided to consolidate the two appeals cases.
Since each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment below cannot be maintained in its entirety.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 230 of the Criminal Act applicable to the crime, Article 230 of the choice of punishment (the point of uttering of official document), Article 231 of the Criminal Act (the point of uttering of official document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and Article 347 of the Criminal Act.