사기
We reverse the judgment of the court below.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. The decision of the court below (No. 1: imprisonment with prison labor for 2 years and 6 months, and imprisonment with prison labor for 8 months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The defendant filed an appeal against the judgment of the court below, and this court tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.
3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 347 of the Criminal Act (in the case of Victim G, I, M and Q, collectively, the choice of imprisonment with prison labor);
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Type 2 (at least KRW 100, but less than KRW 500,00): In cases of an increase in the aggravated area (one year and eight months through six years): as a result of the combination of concurrent crimes, either for an unspecified number of victims or for a considerable period of time, or repeatedly commits a crime for a considerable period of time, the scope of the recommended punishment on the sentencing criteria;
2. The fact that the Defendant’s decision of sentence reflects his mistake, and that the Defendant made an agreement with the victim C and Q is favorable to the Defendant.
On the other hand, the following are the same.