사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The punishment of the first original judgment (one year of imprisonment) and that of the second original judgment on the accused against the gist of the grounds for appeal is too unreasonable;
2. Ex officio determination of ex officio, the defendant filed an appeal against the first and second original judgments, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority are the above, and it is again decided as follows through the pleading.
Criminal facts
The summary of the judgment of the court below is the same as each corresponding column of the court below's judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are many victims; the total amount of damage was not significant; damage was not recovered properly; the defendant did not agree with victims; the defendant recognizes and reflects all the criminal facts of the defendant; the defendant expressed his intention not to punish the defendant at an investigative agency; the defendant's age, character and behavior and environment; the motive, means and consequence of the crime; and other circumstances that are conditions for the sentencing of the case, including the circumstances after the crime, etc., shall be determined by taking full account of the following circumstances.