사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal is that each sentence imposed by the court below on the defendant (two years and six months of imprisonment, and four months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The Defendant was sentenced to the lower judgment and the lower judgment, and filed an appeal against each of the above judgments, and this Court decided to jointly deliberate on the aforementioned two appeals cases.
However, since each crime of the first and second judgment against the defendant is both concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. 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 unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
Criminal facts
The summary of the facts constituting the crime and the evidence admitted by this court are as follows: 20 and 7 of the facts constituting the crime of the first instance judgment, 5 of the 6th judgment, 11 of the 1st judgment, 10 of the 1st judgment, 10 of the 1st judgment, 10 of the 1st judgment, 10 of the 1st judgment, and 7th judgment of the 10th judgment.
“Exercise of the above investigation document” is “D.”
In addition to the fact that “the above investigation is signed” and “the victim” in the 9th page No. 2 as “the victim AK,” each of the corresponding columns of each judgment of the court below is the same as that of each corresponding column of each judgment of the court below. As such, it shall be cited 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 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act, Article 239(2) of the Criminal Act, Article 148-2(2) and Article 44(1) of the Road Traffic Act, as to the facts constituting an offense (the point of uttering of the above investigation), and Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the person on January 13, 2012)