사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
In the case of seized forged documents 2018 Highest 5903.
1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a period of six months) that the original court rendered (in the second instance court: prosecutor, and the first instance court’s court’s court’s court’s court’s court’s court’s court’s court’s court’)
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried by combining the appellate cases of the judgment of the court of first instance and the appellate cases of the judgment of the court of second instance. Each of the offenses against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be punished with a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, 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 grounds for ex officio reversal, and the judgment below is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, the choice of punishment for each crime of fraud and attempted fraud
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act seems to be that the Defendant recognized all of the instant crimes and repented his mistake.
In addition, when the victim was agreed with the victim B, the above victim's wife against the defendant.