공전자기록등위작등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and eight hours of community service) is too unreasonable.
2. The crime of this case was committed by the Defendant on a 26-day leave of absence on the part of his military unit by writing and exercising electronic records of his military unit, which led to an adverse impact on the morale of other soldiers who are in good faith and faithfully performing military service.
However, in full view of the following facts: (a) the Defendant was the first offender and is divided into one’s own crimes; (b) there is no risk of re-offending by completing military service; and (c) the background and result of the instant crime; (d) the circumstances after the instant crime; (b) the Defendant’s age; (c) the Defendant’s sexual conduct; and (d) the family relationship; and (c) the equity with the accomplice F, the sentence
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
【Grounds for a new 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 the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 227-2, 229, 137, and 30 of the Criminal Act for the crime;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing guidelines set forth in the first type of crime (such as electronic records) [the scope of recommendations] [the scope of punishment] the basic area (8 months to 2 years) of the first type (non-business, non-structured non-business, non-specific) [the event, such as electronic records, etc.] of the second class (the scope of recommended punishment] [the scope of recommended punishment] the basic area (8 months to 2 years), including forgery and alteration of public documents, etc. (the scope of non-business and non-organizationd electronic records, etc.) [the scope of recommendation] of the third class (8 months to 2 years] (no person subject to special sentencing] [the scope of recommendation] [the scope of punishment interference with the performance of public duties].