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 sentencing of the original court (No. 1: Imprisonment with prison labor for 10 months and imprisonment for 2 months) on the summary of the grounds for appeal is too unreasonable.
2. Before deciding on the grounds of appeal by the defendant's ex officio, the defendant filed an appeal against each judgment of the court below, and the appellate court decided to hold concurrent hearings of the above two appeals. Since each offense of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment under Article 38 (1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining all of the judgment of the court below as to the defendant's unfair argument of sentencing, since there are grounds for reversal ex officio as seen earlier.
[Re-use of the judgment] The summary of criminal facts and evidence against the defendant recognized by the court and the summary of the evidence are as follows: "18,200 won" in the 6th sentence of the 2016 Highest 4314 "18,200 won" in the 6th sentence "182,00 won in the 201 Highest 5831 Highest 5831, and the execution of the sentence was completed on September 15, 2016.
“The execution of the sentence was terminated on September 14, 2016 at the Sungdong detention center.”
In addition to "ro-do, the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The Defendant committed each of the crimes of this case repeatedly during the period of repeated crime resulting from the same kind of crime. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the Defendant was punished for the same or a different kind of crime, and each of the crimes of this case was committed repeatedly.