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 summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 1 year and 6 months and the second judgment: imprisonment with prison labor for 6 months) of the judgment of the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant filed each appeal against the first and second original judgment. The court decided to hold the above appeal together with other appeals cases.
Each of the crimes committed by the lower judgment convicting the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained any more.
3. Accordingly, 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, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act, since the judgment below's corresponding columns are the same.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment (Fraud), Articles 109(1) and 36 of the Labor Standards Act, and choice of imprisonment, respectively;
1. Of concurrent offenders, the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are examined, that the defendant is against the defendant, that the defendant must support a de facto marriage spouse with poor body is an advantageous sentencing reason, and that there are several records of punishment for the same kind of crime, and that the amount of damage does not recover from damage or pay wages to the extent that the amount of damage does not reach all is an unfavorable sentencing reason.
The above sentencing grounds are the defendant's age, character and behavior, career, environment, circumstances leading to the crime, and circumstances after the crime.