The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, two years of probation, observation of protection, and one hundred and twenty hours of community service with six months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

According to the records, on December 14, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months due to the charge of forging private documents in the Gwangju District Court’s Macheon Branch on September 27, 2017, and the judgment became final and conclusive on September 27, 2017. The crime and the crime of forging private documents, etc., for which the judgment in the lower judgment became final and conclusive, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the lower judgment in consideration of equity with the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal

3. 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 of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment on December 14, 2016 and the judgment was finalized on September 27, 2017 on the following grounds: “The Defendant was sentenced to a suspended sentence of 8 months for a period of 8 months due to the charge of forging private documents, etc. in the Gwangju District Court’s Macheon Branch of the Gwangju District Court.”

“1. A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. A criminal history inquiry and investigation report (including documents No. 7, accompanied by the list of evidence)” in the main part of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reason for sentencing of Article 62(1) of the Criminal Code has the record of serving the defendant several times as the same crime.