사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the reasons for appeal is that the respective punishment of the original judgment (No. 1: imprisonment with prison labor for 10 months, and imprisonment with prison labor for 1 year and 8 months) is too unreasonable.
2. Each appeal case of the judgment of the court below was joined in the judgment of the court below at its discretion, and each of the offenses listed in the judgment of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act. Thus, when concurrent judgments are rendered simultaneously, the judgment of the court below should be sentenced to one punishment for each of such offenses in accordance with Article 38 of the Criminal Act. The judgment of the court below
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court and the summary of the evidence related thereto are as follows: (a) except in the case where “work is deemed to have “N located in Daegu Dong-gu, Daegu-gu, and the workplace” as “W located in AV in Daegu-gu, Daegu-gu, and the same as the corresponding column of the judgment of the court below; (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, Article 347 (1) of the Criminal Act (including each victim), and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to each of the victims except for fraud against AG, AD, and V)
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, which are disadvantageous to the defendant, are as follows.
On May 13, 2011, the Defendant was sentenced to two years of imprisonment for a crime of fraud, and was released on September 28, 2012 during the execution of the sentence, and committed each of the instant crimes again even after the expiration of the parole period on December 30, 2012.
The Defendant escaped during the first instance trial.
The defendant.