The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the Defendant was sentenced to two years of imprisonment with prison labor on October 30, 2015 for the crime of forging private documents in the Gwangju District Court’s Macheon Branch on February 25, 2016, and the judgment became final and conclusive on February 25, 2016. As the instant crime is related to the crime of forging private documents, etc. for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, punishment should be determined in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1)

Therefore, the judgment of the court below cannot be maintained any more.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of facts and evidence recognized by this court is the first head of the criminal history of the judgment of the court below and the judgment was finalized on February 25, 2016, on October 30, 2015.

“1. Before the judgment, the summary of the evidence is as described in the respective corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act), except that “(A)” is added to “a written reply to inquiry, such as criminal history,” at the last time (Article 369 of the Criminal Procedure

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) as to the facts constituting an offense, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the Defendant recognized his/her mistake and reflects his/her mistake; and (b) the crime of forging private documents, which became final and conclusive on February 25, 2016, with the relationship of concurrent crimes after Article 37 of the Criminal Act (two years of imprisonment).