사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentencing of the original court (the first instance court: the imprisonment of 1 year and 4 months, and the second instance court: the imprisonment of 6 months) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance were sentenced to the judgment of the court of second instance, and the court of second instance decided to hold a joint hearing of the above cases. Each of the crimes in the judgment of the court of first and second shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37
The judgment of the court of first and second instance cannot be maintained as it is, and all of them must be reversed.
3. The lower court’s conclusion is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s respective arguments of unfair sentencing, on the grounds of ex officio reversal as seen above, and further decided as follows.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the court below's judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (a comprehensive crime by victim), Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (a) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims who are the largest offender)
1. Imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, and each choice of imprisonment for the remaining crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes, and Article 38(2) and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes resulting from the severe punishment prescribed in the crime of fraud against the victim E corporation, and imprisonment and imprisonment without prison labor shall be deemed as imprisonment with prison labor,