사문서위조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., punishment of a fine of five million won) made by the court below is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to imprisonment with prison labor for a violation of the Immigration Control Act on June 26, 2013 in the Seoul Central District Court Decision 2013Kadan2001, and on June 26, 2013, the Defendant was sentenced to suspension of execution for three years, probation, and confiscation for a violation of the Immigration Control Act. The fact that the said judgment became final and conclusive on July 4, 2013 is significant
However, since the crime decided by the court below is related to the above crime for which judgment has become final and the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, the court below should consider equity with the case for which judgment has been rendered at the same time and determine punishment after examining whether to reduce or exempt punishment pursuant to Article 39(1) of the Criminal Act. Thus, the court below’
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: The first head of the judgment of the court below, except for adding "the defendant was sentenced to one and a half years of imprisonment with prison labor for a violation of the Immigration Control Act at the Seoul Central District Court on June 26, 2013, and three years of suspended execution and the judgment became final and conclusive on July 4, 2013" to "the judgment became final and conclusive on July 4, 2013" as stated in each corresponding column of the judgment of the court below
Application of Statutes
1. Relevant Articles 231 and 30 of the Criminal Act for the facts constituting an offense (the point of reference to private documents), Articles 234, 231, and 30 of the Criminal Act (the point of uttering of private documents), and Article 1124 of the former Immigration Control Act (amended by Act No. 11224, Jan. 26, 2012).