사기등
The part of the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
1. The summary of the grounds for appeal asserts that each punishment of the court below (No. 1: imprisonment with prison labor for 2 years, and a fine of 5 million won: the court below's judgment) is too unreasonable.
2. The appeal case against the judgment of the court below against the defendant was joined in the case of ex officio determination. Since each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court below against the defendant should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot avoid reversal.
3. The judgment of the court below on the grounds of ex officio reversal, without examining the defendant's assertion of unfair sentencing, the part of the judgment of the court of first instance excluding compensation order among the judgment below excluding compensation order under Article 364 (2) of the Criminal Procedure Act and the judgment of the court of second instance are reversed,
[C] The facts constituting an offense and the summary of the evidence acknowledged by the court and the summary of the evidence are identical to the facts in the judgment of the court below in addition to changing the "Examination of the Defendant's Suspect to the prosecutor's protocol of interrogation of the Defendant's suspect to "1. The prosecutor's protocol of interrogation of the Defendant's suspect to the
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 347 (1) of the Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Article 151 of the Road Traffic Act concerning the crime at issue;
2. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);
3. Imprisonment with prison labor for each option of punishment;