사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The punishment (one year of imprisonment with prison labor and ten months of imprisonment with prison labor) declared by the court below against the accused in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2013No1846, which is the appeal case against the judgment of the court of first instance, and the case of this court 2013No2358, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the court of first and second judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated under Article 38(1) of the Criminal Act. Thus, the first and second judgment of the court of second judgment shall be reversed.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for adding “1. Defendant’s trial statement at the trial court” to the summary of the evidence of the first instance judgment, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and Article 330 of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor) concerning facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) a defendant confessions all of the crimes of this case and reflects the fact that the damage from the crime of this case is relatively minor; and (b) a crime is not good in light of the number and frequency of the crimes of this case, and the number of victims; and (c) a defendant has been sentenced nine times to imprisonment for the same criminal record.