사기등
The part on the defendant and the second judgment of the court of first instance shall be reversed.
Defendant shall be punished by imprisonment for eight months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 8 months and the second judgment: imprisonment with prison labor for 3 months) declared by the court below against the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of appeal against the judgment of the court of first instance was consolidated in the proceedings of the court of appeal against the judgment of the court of second instance. The case of appeal against the judgment of the court of second instance against the judgment of the court of second instance, which is the case of appeal against the judgment of the court of second instance. The first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the term of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court of second instance cannot be exempted from reversal.
3. Accordingly, the part of the judgment of the court below against the defendant and the second judgment of the court below on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, are reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1) and 329, respectively, Articles 234, 231, 230, and 30 of the Criminal Act concerning criminal facts and the choice of punishment, respectively, and Articles 347(1) and 329, respectively, and Articles 234, 231, 230, and 30 of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes as to victim D on April 15, 2013, the most severe punishment and penality)
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 333(1) of the Return Criminal Procedure Act