사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) each of the lower court’s punishment (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 8 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal, each of the above appeals cases was joined in the first and second trials before the judgment on the grounds for appeal was examined ex officio, and each of the offenses in the first and second trials against the Defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below was unable to be maintained as it is.
3. As such, the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and it is again decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act (the point of fraud), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger to driving), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle with no mandatory insurance)
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be the largest violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the causing injury or injury caused by dangerous driving) shall be provided for in the aggravated punishment of concurrent crimes;