The judgment of the court below is reversed.

As to the crimes of No. 1, 3, and 4 in the judgment of the defendant, 10 months of imprisonment, and No. 2 in the judgment of the court.

1. The summary of the grounds for appeal is that the lower court’s punishment (10 months of imprisonment with prison labor for the crimes No. 1, 3, and 4 in its holding, and 2 years of imprisonment with prison labor for the crimes of No. 1, 3, and 3 years of total 3 years of imprisonment with prison labor for the crimes of No. 2 in its holding) is unfair because it is too unreasonable (the Defendant stated the grounds for appeal on the grounds of mistake of facts in the statement of grounds for appeal, but the Defendant withdraws his assertion of mistake on the second trial date in the trial of the first instance court).

The Defendant denied the crime at the lower court, but was in the first instance trial, and took an attitude against the Defendant, which led to the Defendant’s confession of all of the instant crimes.

Considering the change of circumstances, etc. that occurred in the above trial, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit. It is so decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence as stated in the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the occupation of fraud) and Articles 234 and 231 of the Criminal Act (the exercise of the aforementioned investigation document and the exercise of the falsified document);

1. Articles 40 and 50 of the Criminal Act (only between the crimes of gambling documents and gambling documents executed on February 20, 2016 as indicated in the judgment of the court below, and between the crimes of gambling documents executed on April 18, 2016 as stated in the judgment of the court below, and between the crimes of gambling documents executed on April 18, 2016 as stated in the judgment of the court below, and the crimes of gambling documents executed on the written alteration);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crimes of Article 2 of the Decision)

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of Articles 1, 3, and 4 as judgment and the crimes of fraud for which judgment has become final and conclusive);

1. The aggravated Criminal Act for concurrent crimes.