사기
All judgment of the court below shall be reversed.
Of the crimes No. 1 in the judgment of the first instance court, the defendant is re-assigned 1, 2 each year a year of sight of crimes.
1. The decision of the court below (the first instance court: the imprisonment of two months, the imprisonment of ten months, and the second instance court: the imprisonment of one month and two months) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
The court held that the defendant's each appeal case against the judgment of the court below was consolidated and tried, and that the defendant has the record of receiving the final judgment of fraud such as the statement of each judgment of the court below. Thus, among the crimes No. 1 of the judgment of the court of first instance prior to the conclusion of the above judgment, the crime No. 1, No. 2 of the crime list No. 1 of the crime, and the crime of fraud for which the judgment of the court of second instance became final and conclusive are concurrent crimes after Article 37 of the Criminal Act. Among the crimes No. 1 of the judgment of the court of first instance prior to the conclusion of the above judgment, the crime No. 3 of the crime list No. 1 of the judgment of the court of first instance and No. 2, No. 3 of the judgment of the court of first instance and No. 2, and No. 37 of the judgment of the court of second and third of the court of second of the court of second of the judgment, the court below's judgment cannot be sentenced to a single punishment within the scope of punishment under Article 38 (1 of the Criminal Act.
3. Accordingly, 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 argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes, provided that Article 39 Section 1 (No. 1 of the List of Crimes No. 1 of the Judgment of the first instance) is 1,2.