공문서위조등
The judgment of the court below of first instance and the judgment of the court of second instance reversed the conviction.
A defendant shall be punished by imprisonment for two years.
1. Scope of trial of the political party after remand;
A. On May 8, 2014, the first instance court rendered a judgment on May 1, 2014, which found the Defendant guilty of the charges of violation of the Illegal Check Control Act and the charges of uttering of forgery of official documents, which correspond to the attached list 1, 3 through 10, 12 through 18, and 20 of the lower judgment, and sentenced the Defendant to one year and six months of imprisonment and confiscation.
On the other hand, the charges of violating the Illegal Check Control Act, which amount to 2, 11, 19 of the crime sight table 2, 19, were acquitted.
B) On October 17, 2014, the second lower court found the Defendant guilty of the charge of fraud corresponding to the annexed Table 2, 6 of the judgment of the lower court on October 17, 2014, and sentenced the Defendant to six months of imprisonment. On the other hand, the lower court acquitted the Defendant of the charges of fraud corresponding to the list 1, 3, 4, and 5 of the crime sight table. (C) On the guilty portion of the lower judgment, the Defendant filed an appeal against the first and second conviction portion of the lower judgment, and the Prosecutor filed an appeal against the second and the second judgment, respectively.
2) Prior to the remanding of the case, the lower court maintained the first and second judgment as to the existence of the crime of violation of the first and second judgment.
However, as the above two cases were joined in the appellate trial, each of the crimes of the first and second convictions in the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the crimes should be sentenced. The judgment prior to remand is reversed ex officio the convictions of the first and second judgment, and sentenced two years to imprisonment and confiscation, etc., and the prosecutor’s appeal on the acquittals portion was dismissed.
B) As to the guilty portion of fraud, the Defendant filed an appeal against the entire acquittal portion against which the appeal has been dismissed. 3) On April 23, 2015, the Supreme Court dismissed the appeal against the acquittal portion among the Defendant’s appeal and the Prosecutor’s appeal, and the entire conviction portion among the Prosecutor’s appeal is guilty.