사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and four months.
1. The summary of the grounds for appeal (unfair sentencing) that the judgment of the court below rendered on the defendant is too unreasonable, as the punishment (the first instance court: imprisonment with prison labor for two years and six months, and the second instance court: imprisonment with prison labor for ten months) is too unreasonable.
2. Ex officio determination
A. Before the judgment on the grounds for appeal of the defendant's reasons for ex officio reversal due to merger, this Court tried to concurrently examine each appeal case against the judgment of the court below. Each of the offenses in the judgment of the court below against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.
B. The reason for ex officio reversal due to changes in the indictment (as to the judgment of the court of first instance) also requested the prosecutor to permit changes in the indictment in the indictment of the court of first instance (as to the judgment of the court of first instance) as stated below in the indictment of the court of first instance, and the subject of the judgment was changed by this court's permission.
In this regard, the criminal facts added to the above charged facts should be sentenced to a single punishment in relation to the crime of violation of the Act on the Regulation of Similar Receiving Acts in the judgment of the court of first instance, and therefore, the judgment of the court of first instance cannot be maintained any more in this respect.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows, after the pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows, and the summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
A. Of the judgment of the court below of first instance.