사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
1. The respective sentences (the first instance court: the imprisonment of 8 months and the second instance court: the imprisonment of 6 months) sentenced by the lower court against the accused in the summary of the grounds for appeal are too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2012No3575, which is the appeal case against the judgment of the court of first instance, and the case of this court 2013No313, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the crimes of the court 1 and the judgment of the court 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. Thus, the first and second judgment of the court 1
3. If so, each judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above reasons for reversal of authority, and the judgment below is also reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant has led to the confession of all of the crimes of this case, and there is no criminal history except the one-time suspension of indictment, and that there was no evidence of crime, such as partial recovery of damage to the trial, agreement with the victims, etc., and the crime was committed continuously, such as preparing a false lease contract to show that he has self-sufficiency, and the crime was committed after escape.