사기등
The judgment below
Among them, the part concerning the crime of paragraphs 1 through 5 shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and ten months.
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is too unreasonable.
2. On December 30, 2008, the court below recognized the fact that the defendant was sentenced to a suspension of the execution of two years to imprisonment for fraud at the Daejeon District Court on August 7, 2009, and recognized the fact that the judgment became final and conclusive on January 7, 2009, and treated the first crime as concurrent crimes with the above crime (hereinafter “first offense”) at the time of the original judgment, and treated the second offense as concurrent crimes with each of the above crimes (hereinafter “the last offense”) at the time of the original judgment, or did not punish the second or fifth offense at the time of the original judgment as concurrent crimes.
In full view of the records of criminal records and investigation reports (Attachment of a written judgment and a copy of a summary order), there is no evidence to prove the facts that the defendant has committed the crimes under subparagraphs 1 through 5 before the judgment of the remaining criminal records becomes final and conclusive.
Therefore, since the crime No. 1 is not the crime of No. 1 but the crime of No. 2 through No. 5 at the time of the original adjudication and the crime of No. 2 through No. 5 at the time of the original adjudication, among the above judgment of the court below, the part of the crime of No. 1 through No. 5 at the time of the original
3. In full view of the judgment on the grounds of appeal (the crime Nos. 6 through 14 at the time of original adjudication) (the crime No. 6 or 14 at the time of original adjudication) and the overall sentencing conditions shown in the records and arguments of this case, and the fact that the defendant had the same criminal records and whose damage was not recovered at the time of original adjudication, etc., punishment for the crime Nos. 6 or 14 at the time of original adjudication is too unreasonable
4. According to the conclusion, the part of the judgment of the court below regarding the crime Nos. 1 through 5 in the original trial is reversed, without examining the defendant's assertion of unfair sentencing on this part, and the above part of the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the remaining part is decided again through the pleading, and