사기등
All judgment of the court below shall be reversed.
The defendant shall be sentenced to the judgment of the first instance court with respect to the crimes set forth in the judgment of the first instance.
1. The punishment of the first original adjudication on the accused as to the summary of the grounds for appeal (as to the first instance judgment: 6 months of imprisonment, 1 month of imprisonment, 2 months of imprisonment) and the punishment of the second adjudication on the accused (2 months of imprisonment) are too unreasonable;
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the above court below found the defendant guilty after completing a separate hearing on the grounds for appeal by the defendant. The defendant appealed all of the above judgment of the court below, and this court decided to hold concurrent hearings on the above appeal cases. The crime of Article 38(1) of the Criminal Act and Article 38(1) of the Criminal Act with the crime of Article 2 of the first decision of the court of first instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and the crime of Article 38(2) of the decision of the court of second decision of the court of first instance is a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first decision of the
However, despite the above reasons for ex officio reversal, the unfair argument about sentencing part of the crime No. 1 in the decision of the original judgment is still subject to the judgment of this court, and this is examined.
3. Determination as to the unfair argument of sentencing (the part concerning the first instance judgment: imprisonment with prison labor for June 2 and the part concerning the crime of the second instance judgment in the first instance judgment and the crime of the second instance in the second instance in the first instance judgment cannot be exempted from the reversal ex officio. Thus, the judgment as to the defendant's unfair argument of sentencing is omitted.)
In light of the fact that there are many criminal records against the Defendant due to fraud, assault, injury, etc., in particular, the crime of fraud of this case is very similar to the previous criminal records, and the risk of recidivism is high, and the crime of obstructing the performance of official duties is not good, and the crime of this case was committed during the period of repeated crimes, there is a need to punish the Defendant with strict punishment.
However, it is against the defendant's acknowledgement of crime and mistake, and it is against the victim D of fraud.