beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unhued and unfair.
2. The court below, as stated in detail in the reasons for the sentencing, has determined the punishment by fully taking into account the circumstances surrounding the sentencing of the defendant, and it is within the reasonable scope.
In addition, there is no circumstance that can be newly considered in the judgment of the court, so the sentence of the court below is too unfasible and unfair.
3. In conclusion, since the prosecutor's appeal is without merit, it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. However, in the application of the law of the judgment below, the part of the judgment below Nos. 4, 17, 21, 5, 1, and 3 of the judgment below is corrected as follows in accordance with Article 25 (1) of the Rules on Criminal Procedure (the amended part).
【Correctioned Part】
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, between violations of the Road Traffic Act, and between violations of the Road Traffic Act, the punishment imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment imposed on a more severe punishment, between the crimes of speculation in forged public documents, between the crimes of gambling in the investigation document, and the punishment provided for in the heavier punishment on a crime of gambling in forged public document);
1. Each sentence of imprisonment with or without prison labor shall be imposed on the crime of forging a private document chosen to impose a punishment, the crime of forging a forged public document, the crime of fraud, the violation of the Road Traffic Act, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the crime of violation of the said Act
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;