사기
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of three and half years, and Defendant B shall be punished by imprisonment with prison labor of ten months.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (hereinafter “Defendant A”) is so unfair that the punishment imposed by the court below (one year of imprisonment with prison labor for Defendant A, and one year of imprisonment for Defendant B) is too unreasonable (the defendant A explicitly withdraws his assertion of mistake on the fifth trial date). 2. The judgment of the court below on the appeal by the defendant A recovery of damage to the victim AJ, and the above victim was the wife against the defendant, and there was a change of circumstances that could change the sentence of the court below, such as recognizing all of the crimes of this case by the defendant A late and late, and reflecting his depth, it is recognized that the punishment imposed by the court below against the defendant A was unfair.
3. We examine the grounds for appeal by Defendant B ex officio prior to the judgment on the grounds for appeal by Defendant B.
Defendant
The criminal trial against the person who was innocent due to the crime in B was not in progress, and the defendant B led to the confession of the crime in this case against the defendant B during the trial, and there was a reason for the necessary reduction or exemption of punishment under Articles 157 and 153 of the Criminal Act. Each of the crimes in the judgment of the court below against the defendant B in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to one punishment under Article 38 (1) of the Criminal Act. Thus, the part of the judgment of the court below as to the defendant B cannot be maintained.
4. As the appeal by Defendant A is with merit, the part concerning Defendant A among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the part concerning Defendant B among the judgment below is reversed ex officio. Since the part concerning Defendant B among the judgment below is reversed ex officio, the part concerning Defendant B among the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without further proceeding to decide on Defendant B’s unfair assertion of sentencing. The part concerning Defendant B among the judgment below is again decided as follows
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court.