사기
The guilty portion among the defendant's cases in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
1. The summary of the grounds for appeal (e.g., a two-year imprisonment, and a two-year imprisonment) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
The judgment of the court of first instance and the judgment of the court of second instance against the defendant (the judgment of the court of second instance shall be dismissed as to the part of the judgment of the court of second instance), and the defendant filed an appeal (as to the judgment of the court of second instance, the judgment of the court of second instance
Among the judgment of the court of first instance and the judgment of the court of second instance, each of the convictions in the judgment of the court of second instance is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one of the defendant's cases in the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.
3. Accordingly, the judgment of the court below is reversed among the defendant's case of the first and the second court's judgment pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the description of each corresponding column among the defendant's cases in the judgment of the court of first instance and the judgment of the court of second instance. Thus, they are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The instant crime committed on the grounds of sentencing was filed on March 27, 2015, based on Articles 32(1)1, 32(2), and 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (the date following the closing of argument in the instant case).