사기
The judgment of the court of first instance, excluding the part of the application for compensation order, shall be reversed.
The summary of the grounds for appeal (unfair sentencing) of the lower court (the first instance court: imprisonment with prison labor for 10 months and the second instance court: imprisonment with prison labor for 2 months) is too unreasonable.
We examine ex officio the defendant's grounds for appeal prior to judgment.
The judgment of the court of first instance and the judgment of the court of second instance filed an appeal against the Defendant, respectively, and the Defendant filed an appeal against each of the above two appeals cases. This court decided to hold concurrent hearings, and each of the offenses of the first and second appeals against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court of second and second appeals cannot be maintained.
In conclusion, 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 of the court below is reversed in accordance with the above Article 364 (2).
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Articles 25 (1), 31 (1), 31 (2), and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;
1. The reason for sentencing of Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (applicant AV, V, AI, and AS) (the scope of recommended punishment) (the scope of recommended punishment) is an aggravated area (one year to two years) (one year and six months), or a large number of unspecified victims (special aggravated persons), or a crime committed repeatedly for a considerable period of time).