사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The defendant does not pay the above fine.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. According to the judgment of the court below and the evidence duly adopted and examined by this court, the defendant was sentenced on February 11, 202 to 3 years of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the branch court of Suwon District Court on February 11, 2020 and to 500 hours of community service order on February 19, 2020 and confirmed that the above judgment became final and conclusive on February 19, 2020 (which became final and conclusive after the crime of the defendant was committed in the judgment of the court below. The defendant's crime in the judgment of the court below was related to the above final judgment and the latter part of Article 37 of the Criminal Act, and the sentence should be imposed at the same time in consideration of equity with the case where it is judged pursuant to Article 39 (1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.
[Discied reasoning of the judgment below] The summary of the criminal facts and evidence against the defendant recognized by the court in this court is the first head of the judgment below. The "criminal facts" of the judgment below is the same as the corresponding column of the judgment of the court below in addition to adding "1............ the defendant was sentenced 3 years of imprisonment for September suspension, 3 years of community service order, 500 hours of community service order, and the above judgment became final and conclusive on February 19, 2020," and "the summary of evidence" to "1.......... the judgment and the defendant's statement and the defendant's court statement" are the same as the corresponding column of the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting a crime, the selective treatment of fines, and selective treatment of concurrent crimes;