사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
The defendant is against the applicant for compensation.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 8 months) is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio prior to the judgment
The judgment of the court of first instance and the judgment of the court of second instance rendered each appeal against the defendant, and the defendant filed each appeal against the judgment of the court of second instance and the court of second instance decided to hold concurrent hearings of the above two appeals cases. Since the first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, the first and second judgment cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal, 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 the same as the corresponding columns 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 Articles 347(1) and 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with labor for the crime
1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize all the criminal facts of this case and reflects his fault. Prior to the crime of this case, prior to the crime of this case, the Defendant has no particular criminal power except for punishment imposed once a fine is imposed, and the Defendant is the most likely to support his family.
On the other hand, however, the defendant uses the victims for his/her repayment of debt and living expenses.