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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The number of seized evidence 1, 4, 7, 9 in the name of I.
Reasons
1. As to the summary of the reasons for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant's punishment (one year of imprisonment, and confiscation) declared by the court below is too unreasonable, and that the prosecutor is too unfeasible and unfair.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
Article 48(1)1 of the Criminal Act provides that “any object intended to be provided for a criminal act” is “objecting to be provided for a criminal act” and for confiscation, it shall be recognized that such object is an object intended to be provided for the criminal act in question, which is found guilty (see Supreme Court Decision 2007Do10034, Feb. 14, 2008). It shall be returned to the victim by judgment where the reason for return to the victim is apparent.
According to the evidence duly admitted and examined by the lower court, “AC driver’s license and resident registration certificate under the name of AD” in subparagraph 9 of the duly admitted evidence is an additional KRW 200,000 in order for the Defendant to prepare for the loss of the said driver’s license when requesting the forgery of I’s license to a Chinese forged business operator on October 2013, and an identification card, etc. received from the Chinese operator (not known of the forgery). “AB driver’s license” in subparagraph 9 of the seized evidence is a stolen stolen article at the time of theft of cash, credit card, etc. owned by the victim at the victim’s residence around February 2014 (Evidence No. 143, 534 of the evidence record). “AC driver’s license and resident registration certificate under the name of AD” in subparagraph 9 of the seized evidence that the Defendant provided or attempted to provide the relevant forged public document to be found guilty at the lower court, Article 8(1)4(2) of the Criminal Act or Article 8(1) of the Criminal Act.
In addition, seizure No. 9 is serious.