사기등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
A fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., mental disability and unreasonable sentencing) committed a crime under the state of mental disability.
The determination of punishment (the first and second instances of punishment: the amount of a fine of one million won for each case) is unreasonable.
2. Determination
A. The Defendant stated in an investigative agency in detail the details of the crime.
There is no ground to view that the mental and physical state of the defendant influenced the crime.
B. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained.
3. The judgment of the court below contains reasons for ex officio reversal.
Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:
Criminal facts
The summary of facts and evidence admitted by this court is as follows in addition to adding "the defendant was sentenced to four years of imprisonment with prison labor on June 27, 2019 by the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and confirmed on August 19, 2019" to the first head of the facts of the crime in the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement, the selection of fines), Article 347(1) of the Criminal Act (the point of fraud, the selection of fines), Articles 352 and 347(1) of the Criminal Act (the point of attempted fraud, the selection of fines), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of using the lost credit card, the point of using the lost credit card, the selection of fines), Article 329 of the Criminal Act;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act on the detention of a workhouse has committed the instant crime during the period of repeated crime.
The frequency of crimes, the scale of damage, and judgment.