사문서위조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the reasoning of the judgment ex officio, the records of this case reveals that the Defendant was sentenced to a suspended sentence of one year for six months in imprisonment with prison labor at the Seoul Southern District Court on April 29, 2015, and that the said judgment became final and conclusive on May 7, 2015.
Thus, the crime of fabrication of private documents of this case committed before the above judgment becomes final and conclusive, and the crime of fraud for which judgment became final and conclusive is in the relation of concurrent crimes after Article 37 of the Criminal Act, which requires the application of Article 39 (1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is added to the following parts of facts constituting an offense in the judgment below and the summary of the evidence, and the summary of the evidence is identical to each corresponding column of the judgment of the court below, except for a modification to add “1. Criminal Records: the judgment and the inquiry of the case (Seoul Southern District Court 2014 High Court 3894 High Court 2014 High Court 3894)” to the summary of the evidence. Thus, it is citing it as it
On April 29, 2015, the Defendant was sentenced to a suspended sentence of one year for criminal fraud at the Seoul Southern District Court, which became final and conclusive on May 7, 2015.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime (the point of uttering of the aforementioned investigation document), and the selection of fines, respectively;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.