위조사문서행사등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall be imposed on the defendant.
1. The decision of the court below (No. 1: a fine of 5 million won, and a fine of 3 million won: a fine of 1: the decision of the court below) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, prior to the judgment on ex officio sentencing, the judgment of the first and second court rendered each of the judgment below against the Defendant, and the Defendant filed an appeal against this case, and the court rendered a decision to concurrently examine each of the above appeal cases. The crimes of the first and second judgment against the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second judgment cannot be maintained.
3. As such, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines (in the case of fraud against the victim M, addition to Article 30 of the Criminal Act), Articles 231 and 30 of the Criminal Act (in the case of fraud against the victim M), Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant led to the confession and reflect of each of the crimes in this case, the economic situation is difficult, and a family with poor health is supported by the defendant.