사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 5 months and the second judgment: imprisonment for 8 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.
However, since each of the crimes in the decision of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of a limited term of punishment under Article 38(1) of the Criminal Act.
In this respect, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices, and the following are
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. 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. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the crime of this case is inferior in light of the background and method of sentencing, the amount of fraud has not been recovered at all, and there is no agreement with the victims, disadvantageous circumstances such as the fact that all of the crimes of this case are led to confessions and reflects on all of the crimes of this case, and the fact that there is no record of criminal punishment other than the amount of fine exceeding 1.5 million won due to the violation of the Road Traffic Act, and other favorable circumstances such as the defendant's age and happiness environment, and before and after the crimes.