사기
Each judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four months.
The summary of the grounds for appeal (e.g., the form of punishment) of the original judgment (e.g., imprisonment with prison labor for 3 months and 4 months) is too unreasonable.
According to the records of ex officio determination, the Defendant was sentenced to four years and six months of imprisonment for fraud at the Daejeon District Court on December 12, 2013, and the said judgment became final and conclusive on March 13, 2014. On May 2, 2014, the Seoul High Court sentenced two months of imprisonment for the crime of giving rise to breach of trust by Seoul High Court, and recognized the fact that the said judgment became final and conclusive on May 10, 2014.
As above, each crime for which judgment of the court of first instance became final and conclusive is related to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment by taking into account equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, the court below did not take into account
In addition, the court of the first and second trials decided to jointly examine each appeal case against the defendant, and since the judgment of the court of the first and second instances are in a concurrent relationship with each other under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render a judgment pursuant to Article 38(1) of the Criminal Act, and to simultaneously render a single sentence within the scope of
In this respect, the judgment of the first and second court cannot be maintained as it is.
In conclusion, 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 the above ex officio reversal, and the following is again decided after pleading.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: “The defendant was sentenced on December 12, 2013 to four years and six months for a crime of fraud at the Daejeon District Court, which became final and conclusive on March 13, 2014; on May 2, 2014, the Seoul High Court sentenced two months to imprisonment for a crime of giving rise to breach of trust and became final and conclusive on May 10, 2014.”