사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than four years and eight months.
1. The gist of the grounds for appeal is too unreasonable since each of the punishments (No. 1: imprisonment with prison labor for 3 years, and imprisonment with prison labor for 1 year and 8 months) that the original judgment pronounced by the original judgment was pronounced.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each crime of the judgment of the court below Nos. 1 and 2 is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence by judgment.
In this respect, the judgment of the first and the second judgment cannot be maintained further.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the corresponding column of the first and second judgment, except that the “1. The Defendant’s partial statement” in the summary of the evidence of the first judgment as “1. The Defendant’s trial statement” was cited as “the Defendant’s trial statement” in the corresponding column of the first and second judgment, and thus, it is acceptable 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 punishment (including fraud and fraud of the judgment below of the court below of the second instance), Article 231 of the Criminal Act (the above Article of private document), Articles 234 and 231 of the Criminal Act (the exercise of the above investigation document), and each choice of imprisonment, respectively.
1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of fraud of resolution of KRW 2 of the Judgment of the court below, due to the previous conviction in the judgment of the court below No.
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended punishment according to the sentencing criteria, after Article 37 of the Criminal Act: