컴퓨터등사용사기등
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 summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (in the first instance court: imprisonment with prison labor for a year and six months, and the second instance court: imprisonment with prison labor for a period of two months) is too unreasonable.
2. The judgment of the court below is sentenced to the judgment of the court below, and the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
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 for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347-2 of the Criminal Act concerning the selection of punishment (the fraud by using computers, etc.), Article 70 (1) 3 (the illegal use of cards), Article 329 (the intention of Section 329) of the Criminal Act, Article 360 (1) of the Criminal Act (the point of embezzlement of deserted articles in possession) of each Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud), each of the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant led to the confession of the crime in this case, and the fact that the amount of damage is relatively large is favorable.
On the other hand, the defendant has a history of criminal punishment twice for the same crime, and has repeatedly committed the crime of this case even during the period of repeated crime, and up to the depth of the party.