사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. In light of the substance of the grounds for appeal of this case, the punishment of the court below (two months of imprisonment) is too unhued and unfair.
2. According to the records of ex officio determination and the facts indicated in this court, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Suwon District Court Anyang Branch on April 12, 2019 and the judgment became final and conclusive on October 29, 2019.
Thus, the crime of the judgment below and the above crime of the court below against the defendant are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the equality in the case of concurrent crimes under Article 39(1) of the Criminal Act and the examination of whether mitigation of punishment is exempted shall be determined. The court below determined punishment without considering such circumstances. Thus, the court below's decision cannot be maintained.
3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
[Reasons for the judgment of the court below] The summary of the facts constituting a crime and evidence recognized by this court is as follows: "The defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the Suwon District Court's Gyeyang Branch on April 12, 2019, and the judgment became final and conclusive on October 29, 2019" in the first head of the facts constituting a crime and the summary of the evidence. The summary of the evidence added "1................, the defendant's trial statement and the defendant's trial court's substantial fact in this court" to the end of the evidence, and thus, it is cited as it is in accordance with Article 3
Application of Statutes
1. Relevant Article 347(1) and Article 32(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. The crime of this case for the reason of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes shall be seen as satisfying.