사기등
The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
In a case where an appeal against a judgment of conviction in the scope of adjudication by this court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). Article 1 of the lower court accepted the application for compensation by the applicant for compensation. The Defendant did not assert any grounds for appeal against this part, and even if examining ex officio, it cannot be found that the grounds for revocation or alteration are not discovered, and thus, the part accepting the compensation order among the
Summary of Grounds for Appeal
Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for 3 years, confiscation, and 2 months: Imprisonment for 10 months) is too unreasonable.
The Defendant filed an appeal against all of the judgment below, and this Court decided to hold the two appeals together.
Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.
Thus, 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 reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 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 facts constituting an offense;
1. The crimes of forging official documents in Articles 40 and 50 of the Criminal Act, which are concurrent crimes.