사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall obtain money from the applicant S.
1. The gist of the grounds for appeal is that the respective punishment of the lower court (the first instance judgment: January 8, and the second instance judgment: Imprisonment with prison labor for 10 months) is too unreasonable.
2. We examine ex officio the defendant's grounds for appeal prior to the judgment ex officio.
A. This Court decided to hold a joint hearing of each appeal case against the defendant.
Each of the lower judgment against the Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment, which separately sentenced the sentence, cannot be maintained as it is.
B. According to the records of this case in the final and conclusive judgment, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution on May 10, 2018 by the Gwangju District Court for the violation of the Labor Standards Act, etc., and the above judgment became final and conclusive on June 11, 2018. The crime of the first instance judgment against the Defendant and the above crime of fraud, for which the judgment of the lower court became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by taking account of equity in cases where the judgment is to be rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act.
3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing as to the judgment of the court below, and the following is again decided through pleading.
Criminal facts
The summary of the facts charged and evidence admitted by this court is as follows. The summary of the first instance court’s judgment added “the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution by violating the Labor Standards Act at the Gwangju District Court on May 10, 2018,” and its judgment became final and conclusive on June 11, 2018,” and the summary of the first instance court’s evidence changed “1. The defendant’s partial statement” from among the summary of the evidence to “the defendant’s legal statement of 1.1.”