횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The lower court’s sentence (one year of imprisonment) against the Defendant on the gist of the prosecutor’s appeal is too unfasible and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor.
According to the evidence duly adopted and examined by the lower court and the lower court, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, such as computer, etc. at the Daegu District Court on November 16, 2018, and the said judgment became final and conclusive on November 24, 2018. The crime of this case against the Defendant and the crime of fraud, such as computer, etc., which became final and conclusive on November 24, 2018, are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the lower judgment in consideration of equity with the case where the judgment is to be rendered at the same time
Therefore, at the trial of the party, the prosecutor sentenced the defendant to the charge of the indictment in this case on November 16, 2018 and sentenced the defendant to the imprisonment with prison labor for a crime such as computer, etc. on November 24, 2018, which became final and conclusive on November 24, 2018.
In addition, “Article 39(1) of the Criminal Act” was added to “Article 39(1) of the applicable law,” and this Court was permitted to do so.
In this respect, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the prosecutor's improper assertion of sentencing.
[Judgment] The first head of the “criminal facts” column of the judgment of the court below was affirmed on November 24, 2018 by the Daegu District Court sentenced on August 16, 2018 and sentenced on August 24, 2018 to the Defendant’s imprisonment with prison labor for the use of computers, etc.
Except for addition, “the pertinent column of the lower judgment” is the same as that of the relevant column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.