특정경제범죄가중처벌등에관한법률위반(사기)등
Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed in entirety.
Defendant
A shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (i) to two years of imprisonment with prison labor of the court of first instance and 2 months of imprisonment with prison labor of the court of second instance and 2 months of the judgment of the court of second instance, and (ii) Defendant B and 2 years of suspended execution with prison labor of six months
2. Determination
A. We examine Defendant A ex officio prior to the judgment on the Defendant’s grounds of appeal on the grounds of appeal.
The defendant filed each appeal against the judgment of the court of first and second instance which convicted the defendant, and the court decided to hold the above appeal jointly with each other.
Each of the crimes in the first and second judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Accordingly, each of the above judgment below was unable to be maintained as it is.
B. In comparison with the judgment of the court below on Defendant B’s assertion, there is no particular change in the sentencing conditions, and only the reason why the defendant alleged on the grounds of appeal is too heavy for the court below’
It is difficult to see it.
When comprehensively considering the sentencing factors cited by the court below, including the sentencing reasons and the criminal records of the defendant, the age, sex, environment, circumstances of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
3. As such, the part of the judgment of the court of first instance regarding Defendant A and the judgment of the court below on the ground that there is a ground for reversal ex officio as seen above, the part of the judgment of the court below as to the above Defendant and the judgment of the court below as to the above Defendant under Article 364 (2) of the Criminal Procedure Act without examining Defendant A’s unfair argument about sentencing shall be reversed, and the judgment below as to the above Defendant
Defendant
B The appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is not reasonable.
【Judgment against Defendant A”