사기
All judgment of the court below shall be reversed.
Defendant
G shall be punished by imprisonment with prison labor for four months and by imprisonment with prison labor for six months.
(b).
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (for defendant G, four months of imprisonment, four months of imprisonment, three months of imprisonment) is too unreasonable.
2. Ex officio determination
A. According to the records of this case by Defendant G, Defendant G was sentenced to ten months of imprisonment with prison labor by the Daejeon District Court on October 30, 2014 and the said judgment became final and conclusive on February 6, 2015.
Since the above obstruction of exercise of rights and the crime of fraud of this case, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be determined by taking into account equity and equity with the concurrent judgment pursuant to Article 39(1) of the Criminal Act, the part concerning Defendant G in the judgment of the lower court
B. Defendant A decided to concurrently examine the appeal case of the first instance judgment against Defendant A and the appeal case of the second instance judgment against Defendant A. Meanwhile, each of the offenses found guilty by each of the lower courts is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the part against Defendant A and the second instance judgment of the first instance judgment shall be reversed.
3. Accordingly, the judgment of the court below and the judgment of the court of first instance are reversed in entirety the judgment of the court of first instance and the judgment of the court of second instance without examining the defendants' assertion of unfair sentencing, and the following is again decided after the pleading.
[C] The summary of facts constituting a crime and evidence admitted by the court is as follows: “Defendant G was sentenced to ten months of imprisonment by the Daejeon District Court on October 30, 2014 due to the obstruction of exercise of rights at the Daejeon District Court, and such judgment became final and conclusive on February 6, 2015,” and the summary of the evidence of the first instance court is as follows.