사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of one hundred thousand won.
The defendant above.
1. The sentence of each court below on the grounds of appeal (the first instance court: imprisonment for a period of eight months, and the second instance court: imprisonment for a period of six months and a fine of one hundred thousand won) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
The first and second original judgments were sentenced to the defendant, and the defendant filed each appeal against the above original judgment, and this court decided to hold the first and second original judgments together for a trial.
Each of the crimes in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.
3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, 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 are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, Articles 284 and 283(1)9 of the Criminal Act, Article 347(1) of the Punishment of Minor Offenses Act, Article 319(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act for the crime;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against G with heavy punishment);
1. Each crime of fraud, obstruction of performance of official duties, insult, special intimidation, intrusion on structure, and crime of interference with business shall be punished by imprisonment, and the Punishment of Minor Offenses Act.