사기
The judgment of the court below is reversed.
The sentence against the accused shall be 2,00,000 won.
Defendant. A fine.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. To examine ex officio prior to the judgment on the grounds for appeal against the market.
According to the records, the Defendant was sentenced to imprisonment with labor for fraud, etc. at the Seoul Northern District Court on June 25, 2015, and on September 25, 2015, the Defendant’s judgment became final and conclusive.
The crime of the lower judgment against the Defendant and the crime of fraud, etc. for which judgment has become final and conclusive, shall be sentenced to punishment for each of the lower judgment in consideration of the equality in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37
Therefore, the judgment of the court below cannot be maintained as it is.
3. If so, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
On June 25, 2015, the defendant was sentenced to imprisonment with prison labor for a year and two months in Seoul Northern District Court on September 25, 2015, and the judgment became final and conclusive on September 25, 2015.
In addition, “other than adding” is the same as the corresponding column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) was that the defendant repented his mistake and agreed with the victim.
It shall be sentenced to a fine as shown in the Disposition by taking into account the equity in the case of a judgment at the same time as a judgment becomes final and conclusive.