사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. The grounds for appeal (unfair sentencing) asserts that the Defendant’s respective sentences of the lower court (one year and eight months of imprisonment, and two months of imprisonment) (the lower court’s judgment; 2 months of imprisonment) are too unreasonable, and the prosecutor asserts that the first instance judgment sentence is too unfeasible and unfair.
2. The appeal case against the judgment below was consolidated at the court below's ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below shall be reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the unfair argument of sentencing by the defendant and the prosecutor, and the following judgment shall be rendered after pleading.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to each corresponding column of the judgment below. Thus, they are cited pursuant to 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 (the point of fraud), each of Articles 232-2 (the point of the private electronic records), 234, and 232-2 (the point of the electronic records of the above author), and each of the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed a crime only for nine months after being released from the prison, for a considerable period of time, nine months after being released from the prison. There is a need to strictly punish victims of a large number of victims for committing a crime more than 30 times repeatedly for a considerable period of time, and the victims of a total of 20 victims do not want to be punished in the lower court and the first instance court, and the Defendant’s age, career, family relation relation, etc. were considered.