사기등
We reverse the judgment of the court below.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. The sentence imposed by the court below (No. 1 year of imprisonment and No. 2 month of imprisonment: 8 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court rendered ex officio a judgment ordering the defendant to be sentenced to each of the above judgments, after having completed a separate hearing against the defendant, and the defendant filed an appeal against each of the above judgments, and the court of the first instance decided to jointly examine the above appeal cases.
Each of the first and second original judgments against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Therefore, the lower judgment cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment of the court below is reversed, and it is again decided as follows through pleading
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical as stated in each corresponding column of the judgment of the court of first and second instance. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act (a point of interference with business), Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for the crime;
1. Article 35 of the Cumulative Criminal Act;
1. Each of the crimes of this case on the grounds of the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code among concurrent offenders is not a good crime and is a crime that interferes with the restaurant business by making the Defendant scambling in multiple restaurants and blocking the disturbance in the restaurant business.
The defendant is subject to criminal punishment for the same kind of crime.