사기등
All the judgment below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of two months.
1. The summary of the grounds for appeal (e.g., both types of punishment) against the Defendants of the lower court (e.g., imprisonment of two years for Defendant A and imprisonment of four months for Defendant B) is too unreasonable.
2. Ex officio determination (as to Defendant B):
A. According to the evidence duly adopted and examined by the lower court and the first instance court on January 11, 2013, prior to the determination of the grounds for appeal by Defendant B, the Defendant was sentenced to a suspended sentence of three years on May 29, 2013 due to the crime of violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.) at the Daegu District Court on January 11, 2013, and the said judgment became final and conclusive on May 29, 2013. ② On May 9, 2014, the Daegu District Court sentenced imprisonment of one year and six months and two months and became final and conclusive on September 4, 2014. The date and time of the instant crime was established by taking into account both the crime of this case and the crime of this case, and the crime of this case, which became final and conclusive on April 12, 2013 to May 24, 2013.
B. Therefore, the lower court cannot be deemed to have sentenced to punishment for the instant crime in consideration of equity and the case where the said judgment was rendered concurrently with the crime for which each judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act. Therefore, the part concerning Defendant B among the lower judgment was no longer maintained in this respect.
3. The so-called “phishing” crime, in which Defendant A’s decision on the grounds for appeal was involved, was prepared in advance.