사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 8 months and the second judgment: imprisonment for 10 months) of the original judgment is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.
However, since each of the crimes in the decision of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of a limited term of punishment under Article 38(1) of the Criminal Act.
In this respect, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices, and the following are
Criminal facts
The summary of the facts constituting the offense against the defendant recognized by this court and the summary of the evidence related thereto are as stated in each corresponding column of the judgment below, except that the temporary phrase “as of February 26, 2015, 06:34," No. 106:34, Feb. 26, 2015,” among the facts constituting the offense of the judgment of the court of the second instance No. 2, 2015, No. 106:22, Feb. 22, 2015, the summary of the evidence is cited pursuant to
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 329 of the Criminal Act; Article 70(1)3 of the Specialized Credit Financial Business Act (the use of stolen debit cards) and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the fact that the nature of the crime of this case is extremely poor in light of the background and method of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the frequency and victims of the crime are all sufferings.