사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence of each court below’s sentencing (in the first instance court: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.
2. Prior to the judgment on the above grounds for appeal ex officio, the court below examined the above grounds for appeal ex officio, and sentenced the defendant to the above punishment. The defendant filed an appeal against the judgment of the court below against the defendant Nos. 1 and 2, and the court of the above judgment decided to hold concurrent hearings. Each of the crimes of the court below Nos. 1 and 2 against the defendant shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the following is determined through the pleading, on the grounds that there is a ground for reversal ex officio, such as Paragraph 2.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are not provided against each of the crimes of this case, the frequency of the crimes is not specified, and the crime of the second instance court is not recovered, and thus disadvantageous to the defendant. The second instance court agreed with the victim'sO in relation to the first instance court's judgment, and agreed with the victim's J and L, the first instance court reached an agreement with the victim's J and L, the first instance court's first instance court's agreement, and other factors favorable to the defendant.