사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal is unreasonable because it is too unreasonable that the sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
2. On November 17, 2017, the above judgment became final and conclusive on November 25, 2017 because the Defendant was sentenced to two months of imprisonment with prison labor by the Cheongju District Court due to the obstruction of exercise of rights by the Cheongju District Court on November 17, 2017 and did not file any appeal. Since the crime of this case was in a concurrent relationship between the crime for which punishment became final and the crime of this case after Article 37 of the Criminal Act, the punishment for the crime of this case shall be determined by taking into account equity with the case where a concurrent judgment is to be rendered pursuant to Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained further in this respect.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
【Re-written judgment】 The first head of the part of the crime committed by the court and the summary of the evidence was found to have been sentenced to two months as a result of obstructing the exercise of rights by the Cheongju District Court on November 17, 2017, and the judgment on November 25, 2017 became final and conclusive.
In addition to adding "1. Criminal Records as indicated in this Court" in the summary of the evidence, other than adding "1. Criminal Records as indicated in this Court," it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That even though the reason for sentencing of Article 39(1) is large amount exceeding 100 million won, the damage compensation has not yet been made, and there is no record of the crime exceeding the fine, which is not identical with the unfavorable circumstances, such as the fact that the nature of the crime is heavy in light of the law of the crime, and there is no record of the crime.