사기등
The part of the judgment of the court of first instance and the judgment of the court of second and third instances excluding compensation order among the part against the defendant.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 8 months, the second instance judgment: imprisonment with prison labor for 1 year and the third instance judgment: imprisonment with prison labor for 1 year and 6 months) of the lower court is too unreasonable.
2. Ex officio determination of the court below examined the defendant at its own discretion, 1, 2, and 3: Incheon District Court 2012 High Court 2012 High Court 912 High Court 9123, 2013 High Court 2013 High Court 2843, 2875, 2909, 301, 3077, 3086, 3102, 3129, 3200, 200 early 949, 1027 (each application for compensation order), Incheon District Court 2013 High Court 5842, 6611, 6846, 6917, 748, 7484 (each consolidation), and 2013 High Court 208 High Court 3 years of punishment and sentenced the defendant to concurrent crimes under Article 38 of the Criminal Act within the scope of punishment of each of the above defendants.
3. If so, there is a ground for ex officio reversal as seen above. Thus, without examining the Defendant’s assertion of unfair sentencing, the part of the judgment of the first instance and the judgment of the court below as to the Defendant under Article 364(2) of the Criminal Procedure Act, other than the compensation order, shall be reversed, and the following decision shall be rendered again
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 141 of the Criminal Act concerning criminal facts.