Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The ex officio judgment prosecutor applied for changes in indictments against the defendant as stated in the following criminal facts at the trial of the court, and this court permitted these changes, and thus the part of the judgment of the court below against the defendant cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that the part of the judgment below against the defendant is based on the above reasons for reversal of authority.
Criminal facts
The summary of the facts of the judgment below and the summary of the evidence are the facts of the crime acknowledged by the court against the defendant, and the summary of the evidence of the facts of the crime in the judgment of the court below are as follows: "The title of paragraph 1-A of the judgment of the court below is as "the alteration and alteration of a private document"; "the alteration and alteration of a private document" shall be as "the alteration and alteration of a private document"; the title of paragraph 2-b shall be as "the alteration and alteration of a private document"; the title of paragraph 2-b shall be as "the alteration and alteration of a private document"; the title of paragraph 5,796,00 won shall be received from the Defense Acquisition Program Administration from the above rubber belt price amount of KRW 2,696,00 as shown in attached Table 2-4; and the judgment below shall be accepted as it shall be delivered to the defendant as it is in accordance with Article 36 of the Criminal Procedure Act, excluding those parts as stated in attached Table 24-4,696,00 won."
Application of Statutes
1. Relevant Articles 231 and 30 of the Criminal Act for criminal facts (the point of joint modification of private documents) and Article 234 of the Criminal Act.