The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

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

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the Defendant’s statement at the court of first instance reveals that, on August 10, 2017, the Defendant was sentenced to a two-month suspension of the execution of imprisonment with prison labor for the crime of forging a private document at the Busan District Court on August 18, 2017 and the judgment became final and conclusive on August 18, 2017. As above, the crime of forging a private document, etc. for which the judgment became final and conclusive, and the crime of this case are concurrent crimes under Article 39(1) of the Criminal Act by taking into account the case of concurrent crimes under Article 37 of the Criminal Act and equality, and thus, the lower judgment cannot be maintained.

3. Therefore, 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 the following is again decided after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence related thereto are the first head of the judgment of the court below. "The defendant was sentenced to a two-month suspended sentence of imprisonment with prison labor on August 10, 2017 due to the charge of forging private documents at the Busan District Court on August 18, 2017, and the judgment became final and conclusive on August 18, 2017.

“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 adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, 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 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstance in light of the following reasons for sentencing) lies in a number of times a defendant has been sentenced to a fine and a suspended sentence.