사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year, 2 months, and 3 months: Imprisonment with prison labor for 1 month, 1 month) of the lower court is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below 1, 2, and 3. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent offenders, the reason for sentencing Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act is that the defendant has led to the crime of this case; the defendant has been repeatedly committed by committing the crime of fraud, such as being subject to 15 criminal punishment and 5 juvenile protective disposition, etc. Furthermore, even though the period of repeated crime is in excess of the period of release, it seems that the defendant has no good mind, such as committing the same crime again in the past and past, and the victim has reached 22 persons, and the amount of damage.