사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (three months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.
2. According to evidence duly adopted and examined by the court below on June 25, 2014, the defendant was sentenced to 8 months of imprisonment with labor for special larceny at the Incheon District Court on June 25, 2014, and the above judgment became final and conclusive on October 27, 2014. Since each crime in the judgment of the court below is in the concurrent relationship between the above special larceny for which judgment has already become final and the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Since the application of the law of the court below was omitted, the judgment below cannot be maintained as it did not deal with the concurrent crimes.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Incheon District Court on June 25, 2014, and the above judgment became final and conclusive on October 27, 2014" to the preceding part of the facts charged, and the summary of the evidence is to add "the previous conviction in the judgment of 1................, the case search by the Incheon District Court 2014 High Court 2014 High Court 1852 High Court and the Incheon District Court 2014 High Court 1852 High Court Decision" as stated in each corresponding part of the judgment below.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;
1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;