사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The decision of the court below on the gist of the reasons for appeal (the first instance court: imprisonment with prison labor for one year and the second instance court: imprisonment with prison labor for six months) is too unreasonable.
2. The judgment of the court below against the defendant, each of which was sentenced to the judgment of the court below, and the defendant filed an appeal against the defendant, and this court tried by combining the above two appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the offenses against the defendant should be sentenced pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above unfair argument by the defendant, since there are grounds for reversal as seen above, and the judgment of the court below is reversed, and it is again decided as follows after the pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), Article 260(1) of the Criminal Act (the point of violence), and the choice of imprisonment for each sentence;
1. The punishment shall be determined as ordered in consideration of the frequency and contents of the Defendant’s crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the frequency and history of the crime, and other various conditions of sentencing, including the Defendant’s age, sex, environment, motive and circumstances of the crime, means and consequence, etc. (see Supreme Court Decision 2001Do3448, Sept. 18, 2001).