The part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

1. The decision of the court below (No. 1: imprisonment with prison labor for 3 years, and imprisonment with prison labor for 2 months) is too unreasonable.

2. Determination

A. The part of the judgment of the court of first instance regarding “compensation order” among the judgment of the court of first instance is not clearly indicated in the petition of appeal and the reasoning of appeal submitted by the defendant and defense counsel, and even if ex officio examination is conducted, the grounds for revoking or amending the part regarding the order for compensation among the judgment of the court of first instance cannot be found. Thus, the part accepting the order for compensation among the judgment of

B. We examine ex officio prior to the judgment of the lower court regarding the Defendant’s unfair determination of sentencing on the part other than the compensation order among the judgment of the first instance and the judgment of the second instance.

As to each judgment of the court below against the defendant, the defendant appealed and tried at the court concurrently.

Each of the judgment below against the defendant shall be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order cannot be maintained as they are.

3. In conclusion, the judgment of the court below is reversed, and the judgment of the court below excluding the compensation order among the judgment of the court of first instance and the judgment of the court below excluding the compensation order among the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence in each of the reasoning of the judgment below, and thus, they shall be quoted pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 225 and 30 of the Criminal Act for the crime and for the choice of punishment (the occupation of official document under the same Article), Articles 229, 225, and 30 (the occupation of uttering of forged official document) of each Criminal Act, and Articles 229, 225, and 30 of each Criminal Act.