사기등
The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The first instance court dismissed the application for compensation filed by B, an applicant for compensation.
An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Therefore, the part dismissing the application for compensation among the judgment of the court of first instance shall be excluded from the scope
Summary of Grounds for Appeal
Each sentence of the lower court (the first instance judgment: imprisonment for 8 months, confiscation, and 2 months: imprisonment for 4 months) shall be too unreasonable.
The defendant filed an appeal against all of the judgment below, and this court decided to hold two appeals jointly.
Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.
Thus, the judgment of the court below is reversed among the judgment of the court of first instance and the judgment of the court below as to the defendant's allegation of unfair sentencing under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, 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 each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 225, 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Act in each of the instant cases.