사기등
All the judgment of the court below (including the part of the compensation order of the court below of first instance) shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and six months.
1. The part of the defendant case
A. The summary of the reasons for appeal (unfair sentencing) is that the sentence of the original court (unfair sentencing: imprisonment with prison labor for one year and two months, and imprisonment with prison labor for two years) is too unreasonable.
B. 1) The appellate court decided to hold a joint hearing of each appeal case of the lower judgment.
The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be concurrently sentenced pursuant to Article 38(1) of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes.
Therefore, all judgment of the court below cannot be maintained.
2) With respect to the second judgment of the court below against the defendant, the prosecutor applied for the amendment of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to the "special attack" under Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act" under the applicable law as "Article 350-2 and Article 350 (1) of the Criminal Act," and the subject of the judgment of the court of this case was changed by the court of this case. Thus, the second judgment of the court below was no longer maintained in this respect.
2. When the defendant has filed an appeal against the defendant's case, the case applying for a compensation order is also transferred to the appellate court pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system in which the amount of direct property damage suffered by the victim of the criminal act of the defendant is specified, and the amount of compensation is ordered only when the scope of the defendant's liability is clear (see Supreme Court Decision 85Do1765, Nov. 12, 1985). The court below issued a compensation order against the applicant C, but according to the records, the defendant is liable for damage to the applicant in the trial.