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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is excessively unreasonable.
2. The crime of this case was committed after the victim C's driver's license was stolen, the above driver's license was stolen, the use of the above driver's license was forged, the use of the above driver's license was forged, and the nature of the crime was not less than that of the crime. However, the defendant's mistake was committed in depth, the victim C is not subject to punishment due to agreement with the victim C, the victim C has no penalty force exceeding fine, the defendant's age, character and behavior, environment, motive leading to the crime of this case, and circumstances before and after the crime, etc., the court below's punishment is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are identical to the corresponding column of the judgment below, except for the addition of the "court statement" in the summary column of the evidence, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 230 of the Criminal Act, Article 231 of the said Act, Articles 234 and 231 of the said Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the said Act, the selection of imprisonment for each of the following crimes, and the selection of imprisonment:
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the preceding);