사기
Of the judgment of the court of first instance, the part against the Defendants and the part against Defendant C of the judgment of the court of second instance are respectively.
1. The summary of the grounds for appeal was sentenced to two years of suspended execution and one hundred and twenty hours of community service order in the court below's imprisonment for six months, and Defendant C was sentenced to eight months of imprisonment in the court below's first and second court's imprisonment. In light of the circumstances of the crime, etc., the sentence of the court below is too unreasonable.
2. Determination
A. According to the ex officio judgment records with respect to Defendant A, the Defendant was sentenced to imprisonment for six months with prison labor for larceny (a name of a crime recognized as an embezzlement) in the Youngcheon District Court’s monthly support on January 13, 2012, and the judgment became final and conclusive on May 23, 2013. As above, the crime for which the judgment became final and conclusive as well as the crime of the Defendant’s first instance judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of which judgment has become final and conclusive and the crime of Article 39(1) of the Criminal Act is determined by taking into account equity and equity, and after examining whether to reduce or exempt the sentence. In this respect, the part against the Defendant in the judgment of the first instance is no longer maintained
B. Prior to the judgment on the grounds for appeal by the defendant's ex officio as to the defendant's grounds for appeal, the first instance court rendered a judgment ex officio as to the defendant's reasons for appeal by the Incheon District Court 2012 Godan188, the second instance court as to the defendant under the jurisdiction of the Seoul Northern District Court 2012 Godan1290, 1806, and the second instance court as to the defendant. The defendant filed an appeal against the first and the second lower court as to the judgment, and the court of the first and the second instance decided to hold concurrent hearings. Each of the first and the second lower court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment at the same time in accordance with Article 38 of the Criminal Act. As such, the part of the first and the second judgment as to the defendant cannot be maintained.
3. Accordingly, the judgment of the court of first instance (as to the defendant) and the judgment of the court of second instance (as to the defendant C), on the grounds of the above ex officio reversal, the defendants' assertion of unfair sentencing.