절도등
All judgment of the court below shall be reversed.
The crime of No. 2 and No. 3 of the decision shall be punished by imprisonment with prison labor for 6 months against the defendant.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for a crime No. 1 as indicated in the judgment of the court below and a crime No. 2 as indicated in the judgment of the court of first instance; a fine of 3,000,000) is too unreasonable.
2. Determination
A. Prior to the judgment of the court of first instance on the grounds of appeal by the defendant's ex officio determination on the part concerning the crime No. 2 and the judgment of the court of second instance on the grounds of appeal by the defendant, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were rendered, and the defendant filed an appeal against them, respectively, and the court of second instance decided
However, among each criminal fact that the judgment of the court below rendered on January 7, 2016, which sentenced ten months of imprisonment for a crime of fraud against the defendant among the criminal facts that the judgment of the court below rendered, the second crime and the second judgment of the court of first instance that were committed after January 7, 2016 are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Accordingly, the part concerning the second crime and the second judgment of the court of
B. The judgment of the court of first instance regarding the part of the crime No. 1 as to this part of the judgment of the court below is not good in light of the circumstances, methods and contents of each of the crimes, but the defendant shows an attitude that the defendant acknowledges and reflects each of the above crimes, and the defendant should consider equity with the case where the above victims do not want the punishment of the defendant by mutual consent with the victim D, F, and the case where the judgment becomes final and conclusive on January 7, 2016 at the same time as the crime of fraud has become final and conclusive on January 7, 2016. In full view of all the sentencing factors of this case, including the defendant's age, character and behavior, environment, motive and circumstance of each of the crimes in this case, the motive and method of each of the crimes in this case, and circumstances after the crime, etc., the sentence of the court below against this part is somewhat unreasonable
3. Conclusion.