사기
The judgment of the court below (excluding the first instance court's compensation order and the second instance court's compensation order).
1. The summary of the grounds for appeal is too unreasonable in light of the following: each punishment (one year: imprisonment with prison labor for the first instance court; two months: imprisonment with prison labor for the second instance) imposed by the defendant is that the defendant suffers from shock adjustment by the brain operation that has undergone a traffic accident and repeats the same kind of crime; and that the defendant is likely not to repeat a crime by undergoing a mental therapy.
2. Prior to the judgment on the grounds for appeal by the defendant, this Court tried to hold the defendant together with each appeal case against the judgment of the court below. This is recognized as being all guilty as follows. Each of the offenses in the judgment of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
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 assertion of unfair sentencing, and the judgment of the court below (excluding the part of the first court's compensation order and the part of the second court's compensation order) are all reversed, and it is again decided as follows after hearing.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. It is more favorable that the defendant does not commit a second offense while showing his attitude of misunderstanding the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act by adding concurrent crimes. However, the defendant is more favorable.