컴퓨터등사용사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. As to the sentence of the court below (the first instance court: the imprisonment of August and the second instance court: the imprisonment of six months), the defendant asserts that the defendant is too unreasonable and unfair, and the prosecutor is too uneasible and unfair.
2. The first, second, and second, ex officio determination was made, and each of the above decisions was rendered, and the defendant filed an appeal against the above decisions, and the court decided to consolidate each of the above appeals.
Each crime of the first and second original judgments against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, each of the above original judgments is no longer maintained.
3. As such, the judgment of the court below of this case is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without making a decision on the argument of unfair sentencing by the defendant and prosecutor, and it is again decided as follows.
[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the corresponding column of the judgment of the first and second instance court, except for the correction of the judgment of the first and second instance court as “as of September 25, 2012” as “as of September 25, 2012.” under Article 369 of the Criminal Procedure Act. Thus, the same shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, Article 347-2 of the Criminal Act, Article 355 (1) of the Criminal Act, Article 156 of the Criminal Act, Article 156 of the Criminal Act, and the choice of imprisonment with prison labor;
1. From among concurrent crimes, the accused is fully aware of the facts constituting the crimes for which the punishment is imposed under the former part of Article 37, Article 38(1)2, and Article 50 (Concurrent Crimes with the Punishment of Fraud by Use of Computer, etc. which is the largest offense) of the Criminal Act.