사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
An application for compensation order by an applicant for compensation.
1. The punishment sentenced to the accused (the first instance court: three years, and the second instance court: imprisonment with prison labor for one year and six months) of the summary of the grounds for appeal is too unreasonable;
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
Each court below sentenced the defendant to imprisonment with prison labor as above after completing a separate hearing on the defendant.
The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.
However, each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced at the same time pursuant to Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. An application for remedy filed by an applicant for remedy at the trial is not clear in the scope of the defendant's liability for compensation, so the application shall be dismissed in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 225 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, which provide for the choice of punishment for a crime, and the choice of punishment;