A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

A. The court below erred in the misapprehension of legal principles in omitting self-denunciation reduction or exemption under the latter part of Article 37 of the Criminal Act and Article 52 of the Criminal Act.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, one year of suspended sentence, one year of probation, and one million won of collection) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. According to the Defendant’s testimony at the trial court, etc., the Defendant, at the Seoul Western District Court (2015Da3028) on February 17, 2016, sentenced 8 months of imprisonment for the crime of forging private documents, etc., 2 years of suspended execution, and 80 hours of community service order, can be acknowledged that the said judgment became final and conclusive on February 25, 2016.

Thus, the judgment of the court below which omitted the application of the latter part of Article 37 and Article 39(1) of the Criminal Act is unlawful, since the crime of this case committed before the judgment became final and conclusive and the crime of forging private documents which became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the defendant's assertion

B. The court below did not reduce or exempt a self-denunciation since the reduction or exemption of a self-denunciation under Article 52 (1) of the Criminal Act is discretionary, although the defendant voluntarily appeared in the police and voluntarily surrenders to the police (the 293 pages of the evidence record).

Therefore, this part of the defendant's assertion is without merit.

(C) In addition, the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing since the defendant's appeal is well-grounded.

[C] The summary of facts constituting an offense and evidence recognized by the court is added to the first head of the facts constituting an offense and the summary of the evidence as follows, and "1. The judgment before and after the summary of the evidence: the defendant's oral statement;