사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
No. 1 of the seized evidence.
1. Summary of grounds for appeal;
A. The sentence of imprisonment (one year of imprisonment) imposed by the prosecutor of the second instance judgment is too unfluent and unreasonable.
B. The punishment sentenced by the judgment of the court of first instance (three million won of fine) is too unreasonable.
2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.
Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.
The judgment of the court below has reasons for ex officio destruction.
The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the prosecutor and the defendant, and the judgment is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of the punishment, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of the punishment for the crime
1. Article 35 and the proviso to Article 42 of the Criminal Act (limited to the proviso to Article 42 of the Criminal Act for the crime of violation of the Punishment of Violences, etc. Act (collectively, Intimidation, etc.) among repeated offenders);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act, the Defendant repeatedly committed each of the crimes of this case during the period of repeated crime.
The victim's threat of deadly weapons, etc. has been threatened by steel makers, drones, etc. without any special reason, and the crime of obstruction of performance of official duties is committed against K.