사기등
The remaining parts of the first judgment excluding the rejection of an application for compensation order and the second judgment shall be reversed, respectively.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and confiscation for the first instance court, and imprisonment with prison labor for one year) of the lower court against the Defendant is too unreasonable.
2. The judgment of the court below against the defendant ex officio was rendered, and the defendant filed an appeal against the defendant's case and the second judgment except the rejection of the application for compensation order among the judgment of the court of first instance, and this court decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the above judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed, without examining the defendant's allegation of unfair sentencing, and the judgment of the court of first instance excluding the rejection of the application for compensation order among the judgment of the court of first instance pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court of second instance is reversed, and it is
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 347(1) and 30 of the Criminal Act concerning the selection of punishment, Articles 352, 347(1), and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act concerning the selection of punishment; and Articles 229, 225, and 30 of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Code for forfeiture is that the defendant has led to the confession of the crime in this case, and that he has no record of criminal punishment is favorable.
On the other hand, the defendant.